Bivvins v. Unger

' 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.

At the outset it should be noted that under the relevant Oregon statutes, attorney’s fees in a nominal amount (1) are allowed to the prevailing party and are…