Heath v. Ficho

The opinion of the court was delivered by

Marshall, J.:

An opinion was filed in this action on April 6,1929. (Heath v. Ficho, ante, p. 97, 276 Pac. 61.) After the opinion was filed, the defendants showed to the court that the abstract presented by the plaintiff did not state the pleadings correctly; for that reason, a rehearing was granted. The case has been reargued, and the opinion is again written.

In this action the plaintiff sued to recover on a promissory note signed by Thomas G. Ficho, in which the plaintiff was named as payee, and to foreclose a chattel mortgage given to secure the…