Leggett v. Montgomery Ward & Co.
United States Court of Appeals for the Tenth Circuit
178 F.2d 436 (1949)
After being acquitted of embezzlement charges Montgomery Ward (defendant) had filed against him, Leggett (plaintiff) sued for malicious prosecution; his complaint disclosed that he had waived his right to a preliminary hearing before trial. Under Wyoming law, waiving a preliminary hearing is treated as prima facie evidence that probable cause existed, and Leggett's complaint never alleged that the waiver, or being held for trial, resulted from perjury, false testimony, or other improper means. Montgomery Ward moved to dismiss for failure to state a claim, and the trial court granted the motion.
Whether, under the federal rules of pleading, a complaint that states both a claim and a valid defense will survive a motion to dismiss.