Woodruff

Under a writ of attachment duly issued in this action the sheriff levied upon certain personal property of the defendant. Thereafter, upon motion of the de fendant, the court made an order vacating and setting aside the levy made against said property, from which order the plaintiff appeals.

The defendant is an attorney at law, and the motion was made upon the ground that the personal property seized was his professional and necessary law office furniture and, as such, exempt from execution or attachment. (Code Civ. Proc., sec. 690, subd. 4.) In support of this motion respondent presented to the court an affidavit in which he stated that on the day of the levy, and for several years prior thereto, he was in the actual possession and enjoyment of said property, and was using the same in the actual practice of his profession, the same being his necessary office furniture as described. A counter-affidavit was filed wherein an agent of the plaintiff stated that on the date of the levy, and for some time prior thereto, the described property was used by persons other than the defendant, and during that period of time was not being used by the defendant and was not necessary to him in…