Site icon The Law Dictionary

ELECTION

The act of choosing or selecting one or more from a greater number of persons, things, courses, or rights. The choice of an alternative. State v. Tucker, 54 Ala. 210. The Internal, free, and spontaneous separation of one thing from another, without compulsion, consisting in Intention and will. Dyer, 281. The selection of one man from among several candidates to discharge certain duties in a state, corporation, or society. Maynard v. District Canvassers, 84 Mich. 228, 47 N. W. 756, 11 L. R. A. 332; Brown v. Phillips, 71 Wis. 239, 36 N. W. 242; Wickersham v. Brittan, 93 Cal. 34, 28 Pac. 792, 15 L. R. A. 106. The choice which is open to a debtor who is bound in an alternative obligation to select either one of the alternatives. In equity. The obligation imposed upon a party to choose between two inconsistent or alternative rights or claims, in cases where there is clear intention of the person from whom he derives one. that he should not enjoy both. 2 Story, Eq. Jur.

Exit mobile version