Leggett v. Montgomery Ward & Co.

178 F.2d 436 (10th Cir. 1949)


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.