ELECTION

The act ot choosing or selecting one or more from a ·greater number ot persons, things, courses, or rights. The choice of an alternative. State v. Tucker,,G 54 Ala. 210., The internal, tree, and spontaneous separation of one thing from another, without compulsion, consisting In Intention and will. Dyer, 281. The selection of one man trom among sev- H era! candidates to discharge certain duties In a state, corporation, or sodety. Maynard v. District" Canva ers, 84 Mich. 228, 47 N. W. 756, 11 L. "R. A. 332; ~rown v. Phillips, 71 W-is. 239, 36 N. W. 242; Wickers ham 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 -o!le of the alternatives. In equity. The obligation imposed upon J a party to choose between two, Inconsistent or alternative rights or claims, in cases where there is clear Intention of the person trom whom he derives one that he should not enjoy both. 2 Story, Eq. Jnr. § 1075; K Bli v. Geer, 7 Ill. App. 617; Norwood v. La iter, 132 N. C. 52, 43 S. ID. 509; Salentine v. Insurance Co., 79 Wis. 580, 48 N. W. 855, 12 L. R..A.. 690. The doctrine of election presupposes a plurality of gifts or rights, with an intention, expre L or implied, of the party who has a right to con-. trol one or both, that one should be a substitute for the other. 1 Swanst. 394, note b; 3 Wood. Leet. 491; 2 Rop. Leg. 480-578. In practice. The liberty of choosing (or the act of. choosing) one out ot several means M [s. 421]