Public-domain · open source
OpenJurist

104 Cal. App. 2d 490

231 P.2d 894

Peebler v. Danziger

California Court of Appeal

Decided May 29, 1951

California Court of Appeal · decided 1951-05-29

Relies on In re Estate of McManus · In re Robb

Good law ✅— No negative treatment on recordhow we know

Decided 1951-05-29

How this case has been cited

Cited by 10 later decisions — most recently June 2011

8 state decisions

401951196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

WILSON, J.

¶1 Plaintiffs obtained a money judgment against defendants, including defendant Hutchinson. An execution was issued and levied upon the latter’s tools and equipment consisting of three lawn mowers—one hand mower, a circular power mower, and a Gravely tractor mower—an iron bar, shovels, spades, picks and adze, and a grave lowering device. Defendant filed with the sheriff a claim that the property under levy consisted of “The tools or implements of a me *491 chanic or artisan, necessary to carry on his trade,” and were exempt from execution as provided in section 690.4 of the Code of Civil Procedure. Upon a hearing before the court for the determination of the validity of the claim of exemption the court granted the claim and plaintiffs have appealed from the order.

¶2 Defendant testified that he is sexton at Graeeland Cemetery and has no other business or occupation; that he is not employed by anyone other than himself; that his duties are to water and mow the lawn, open, close and fill in the graves and remove the extra dirt therefrom; to place pipes for flowers, and to make and furnish redwood boxes and place them in the graves. For such work it is necessary for him to have the use of all the tools and implements upon which the writ of execution was levied.

¶3 The term “tools and implements” includes any implement needed and used for the purpose of carrying on one’s trade or business. (In re McManus, 87 Cal. 292, 294 [25 P. 413, 22 Am.St.Rep. 250, 10 L.R.A. 567]; In re Robb, 99 Cal. 202, 203 [33 P. 890, 37 Am.St.Rep. 48].)

¶4 Order affirmed.

¶5 Moore, P. J., and McComb, J., concurred.

/104/calapp2d/490 · .json · Public domain