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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