In re Robb

This is an appeal by an assignee in insolvency from an order made on the petition of the insolvent setting aside as exempt from execution a lathe and certain appliances used in running the lathe.

The insolvent is a mechanic and machinist.

Section 690 of the Code of Civil Procedure provides: “The following property is exempt from execution.....

“ 4. The tools or implements of a mechanic necessary to carry on his trade,” etc.

It is contended that a lathe is not a tool or implement required by a mechanic, and evidence was given to the effect that a journeyman machinist when working for others is not usually required to provide an implement of that character. This evidence tended simply to show that such a tool or implement is not necessary for a mechanic who is a machinist while employed as a journeyman; but the law does not require that a mechanic shall be employed as a journeyman in order to be entitled to the exemption. Nor is the phrase “necessary to carry on his trade” used in such strict sense that because some journeyman machinist can get employment with a manufacturer who will supply the implement, therefore it is not necessary to the trade within the meaning of the…