Summary

The Hiram — Opinion of the Court

“ But this court is also of opinion that if the agreement was made under a clear mistake, the claimants ought to be relieved from it, where it could be done without injury to the opposite party. If a judgment be confessed under a clear mistake, a court of law will set that judgment aside, if application be made, and the mistake shown while the judgment is in its power. An agreement, made a rule of court, to confess a judgment cannot be stronger than a confession itself ”
Source: Wikisource

The Hiram — Opinion of the Court

“ The counsel for the claimants endeavours to rescue his clients from the effect of this constructive notice, by contending that the principle of respondeat superior can never apply to a case of a criminal nature; that a license works a forfeiture, because it is a breach of allegiance-an offence which cannot be imputed to a person having no knowledge of the criminal act which constitutes the breach of allegiance: and that this principle has, in prize courts, been applied to cases punishable under the law of nations ”
Source: Wikisource

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