Ashby v. White Courts Of King's Bench,

1702; House of Lords, 1703

Facts

White (D), an elections official, denied Ashby (P) his right to vote in an election. P, a free burgess of a corporation, had an undoubted right to vote in a Parliamentary election. Despite P not being allowed to vote his candidate was elected. P sued D for damages. There was no statutory or common law cause of action that allowed a remedy for this wrong. The action was dismissed, and P appealed.