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Civil Procedure Keyed to Field
Leggett v. Montgomery Ward & Co.
Citation:
178 F.2d 436 (10th Cir. 1949)Facts
Ross Leggett worked as an employee and clerk for Montgomery Ward for many years, handling hundreds of sale transactions. Montgomery Ward, through an authorized agent, filed a criminal complaint with a justice of the peace in Wyoming charging Leggett with embezzlement of money in connection with seven different sale transactions over many months. Leggett was arrested and required to furnish bail. On advice of counsel, he waived preliminary hearing before the justice of the peace, explaining that he lacked access to defendant’s records necessary for his defense, could not obtain material witnesses, had insufficient time to prepare, and believed the preliminary hearing was useless as defendant would continue to prosecute him. He was bound over to district court, tried on the embezzlement charge, and acquitted. Leggett then filed this civil action for damages for malicious prosecution.
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