¶1Bankruptcy <@=>396(4) — Right to Exemption — Statute.
¶2Under Code Civ. Proa Cal. § 690, exempting one dray or truck by the use of which a drayman or truckman habitually earns his living, the exemption of an auto truck cannot be granted, unless it appears that the bankrupt habitually earns his living by use thereof.
¶3[Ed. Note. — For other. cases, see Bankruptcy, Cent. Dig. § 659; Dec. Dig. <@=>396(4).]
¶4*415In Bankruptcy. In the matter of the bankruptcy of Leonard G. Sclnimm, bankrupt. Petition by the bankrupt for review of an order of the referee refusing to set apart to him as exempt an auto truck.
¶5Order affirmed.
¶6A. H. Carpenter, of Stockton, Cal., for bankrupt.
¶8Petitioner seeks to review an order of the referee refusing to set apart to him as exempt a certain auto truck. Without passing upon the question as to whether or no an auto truck would be exempt under any circumstances, it does not appear in the ¡present case that the petitioner habitually earned his living by the use of the truck in question. But subdivision 6 of section 690, C. C. P., upon which this exemption is claimed, exempts “one dray or truck … by the use of which a … drayman, … truck-man, etc., … • * habitually earns his living.”
¶9The order of the referee is therefore affirmed.