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This section contains the nature of the case and procedural background.

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.

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