Noah Haynes Swayne

“ The plaintiffs in error not having made the objection, this court ought not to make and enforce it for them. They have not suffered, and do not complain. The interests of justice do not require such vicarious and voluntary action on the part of this court. The counsel for the defendant in error has had no notice and no opportunity to be heard. ”

“ Upon a careful examination of the record, it seems to me doubtful whether any of the testimony in question required a notice to authorize its introduction, [1] except that of Mitchell, which was objected to upon a distinct and different ground. ”