Twining v. Taylor

This is an appeal by defendant from a judgment denying a claim of exemption from execution. The judgment is appealable (Code Civ. Proc., § 690.26, subd. 14). The facts material to this proceeding are not in dispute. Plaintiff recovered a judgment against defendant and thereafter levied execution on a “D-2 Caterpillar tractor with a bucket ‘dozer attachment.’ ” Defendant filed an affidavit of exemption which stated no facts. Plaintiff submitted a counteraffidavit consisting solely of a lament that defendant had alleged no facts. Defendant thereafter submitted a supplemental affidavit averring…