Rogers v. Chamberlain

—Upon the trial of this action the defendant was examined as a witness in his own behalf. Judgment having *454been rendered in his favor, the question now presented is, whether he is entitled to the fees of a witness in travelling from Rochester to attend the trial.

The Code (§ 311) requires the clerk, on the application of the prevailing party, to insert in the entry of judgment “ the allowances for costs,” “ the necessary disbursements, including the fees of officers allowed by law, the fees of witnesses, the reasonable compensation to commissioners in taking depositions, the fees of referees,…