James A. Williams v. John E. Peters and Chester E. Strand

This is an appeal from an order dismissing appellant’s complaint “for failing to state a cause of action.” Williams’ complaint alleged that defendants Peters and Strand, when called to testify in a certain criminal prosecution against him, each gave false and perjured testimony against Williams, thus bringing about his conviction.

The defendant Strand moved for summary judgment. To his order denying that motion, 1 the court added the order dismissing the complaint, from which appeal is now sought.

This court has frequently held that an order dismissing a complaint, without dismissing the…