BIVVINS v. UNGER


501 P.2d 1262 (1972)

Jeffrey Olin BIVVINS, by Olin Bivvins, Guardian Ad Litem, Appellant, v. John UNGER and Barbara Unger, Respondents.

Supreme Court of Oregon, In Banc.

Decided October 19, 1972.


Attorney(s) appearing for the Case

Van Natta & Petersen, St. Helens, filed a brief for appellant.

Allen L. Fallgren and McKee & Fallgren, Portland, filed a brief for respondents.


O'CONNELL, Chief Justice.

Plaintiff brought an action for assault and battery. The complaint contained a prayer for $300 damages and $400 as reasonable attorney's fees. Judgment was entered on a verdict of $25 in favor of plaintiff. Plaintiff filed a cost bill totaling $357, of which $300 was for attorney's fees, and the remainder for various disbursements. Upon defendants' motion, the trial court denied attorney's fees and disbursements. Plaintiff appeals.

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