Pritchett v. Fry

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, ORS 91.755, states in pertinent part:

" * * * reasonable attorney fees may be awarded to the prevailing party together with costs and necessary disbursements * *

Plaintiff filed this action to recover possession of an apartment rented to defendant. Defendant’s…