California, United States of America
The following excerpt is from Spellens v. Spellens, 317 P.2d 613, 49 Cal.2d 210 (Cal. 1957):
'It is clear that there is no express authority for the allowance of attorney's fees in claim and delivery, and the cases have uniformly refused to award such fees as damages in actions for the recovery of personal property.' LeFave v. Dimond, 46 Cal.2d 868, 870, 299 P.2d 858, 859. What is there said is controlling although we are dealing with the tort of abuse of process rather than where an ultimately unsuccessful plaintiff uses claim and delivery. We find no statute or contract allowing attorney's fees for such torts and thus the judgment in that action must be reversed to that extent.
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