Leggett v. Montgomery Ward & Co.

■ BRATTON, Circuit Judge.

This was an action instituted by Ross Leggett against Montgomery Ward and Company to recover damages for malicious prosecution. It was alleged in the amended complaint that plaintiff had been an employee of defendant; that defendant, through an authorized agent, maliciously and without probable cause filed with a justice of the peace in Wyoming a criminal complaint in which plaintiff was charged with the crime of embezzlement; that plaintiff was arrested on the charge and was required to furnish bail; that on the advice of counsel, he waived preliminary hearing before…