LEGGETT V. MONTGOMERY WARD & CO.
178 F.2d 436 (10th Cir. 1949)
NATURE OF THE CASE: This was a suit over malicious prosecution.
FACTS: Leggett (P) sought damages for malicious prosecution in that Montgomery Ward (D)
filed criminal charges of embezzlement against P with the justice of the peace. P was
arrested and required to post bail and waived preliminary hearing and proceeded to trial and
was tried on the charge and acquitted. D moved for dismissal based on the fact that P waived
a preliminary hearing and that such a waiver was prima facie evidence of probable cause to
believe that P was guilty of the offense. The court dismissed the action and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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