We cannot determine the rights of parties who are not before us. We therefore conclude that the trial court did not err in allowing the motion for judgment of dismissal of defendant's adverse possession counterclaim. In his second and third assignments, defendant contends that the trial court should not have quieted title in favor of plaintiff and should not have awarded damages for timber trespass. The basis for both assignments is that defendant should have prevailed on his adverse possession counterclaim. Given our disposition of the first assignment, it necessarily follows that we must reject the second and third assignments, as well.
Defendant finally assigns error to the trial court's award of attorney fees.
To determine the proper construction of ORS 20.080, we examine its text in context and, if necessary, its legislative history and other aids to construction. That reading only makes sense. Construction of similarly worded statutes confirms that common sense reading of ORS 20.080. The cases uniformly held that costs and attorney fees not alleged as part of the plaintiff's substantive claim are not included in the jurisdictional amount. We conclude that the trial court did not err in awarding attorney fees under ORS 20.080.