PRITCHETT v. FRY

CA 8936; SC 25890.

593 P.2d 1133 (1979)

286 Or. 189

Morgan S. PRITCHETT, Petitioner, v. Elizabeth FRY, Respondent.

Supreme Court of Oregon, In Banc.

Decided April 24, 1979.


Attorney(s) appearing for the Case

Morgan S. Pritchett, filed a brief in pro per.

E. Daniel Seymour, Portland, filed a brief, for respondent.


HOWELL, Justice.

The issue in this case is whether attorney fees under ORS 91.755 in a forcible entry and detainer proceeding are to be treated as part of costs or whether they must be pleaded and proved at trial. The Court of Appeals held that attorney fees were allowable as part of the cost bill. We granted plaintiff's petition for review.

The statute, O.R.S. 91.755, states in pertinent part:

"* * * reasonable attorney fees may be awarded to the...

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