Peterson v. Ball

THE COURT.

Both appellants and respondents being desirous that a rehearing be granted in this case, appellants questioning the correctness of the decision in holding that the cause of action was brought to recover a penalty, and hence was not assignable, and respondents questioning the correctness of the conclusion that the action was saved from abatement by the general provision of section 404 of the Civil Code, and amici curiae, joining with respondents in a petition to grant a rehearing, a rehearing was granted in order that further consideration might be given to the respective contentions…