Lutkins v. Lutkins

The action is one brought under section 1391 of the Code of Civil Procedure to recover moneys which the defendant was directed to pay pursuant to an order of a justice of the Supreme Court under an execution against one Theodore L. Lutkins, Jr., which had been returned unsatisfied. The order required the defendant in this action to pay to the sheriff of New York county ten per cent, of the wages of twenty-five dollars per week, of his employee, said Theodore L. Lutkins, Jr.

The claim of the defendant is that the complaint is insufficient because it fails to state that there were no other…