Casey v. . Barker

Stacy, 0. J.

It appears oil the face of the complaint that the Indiana judgment, here sued upon, is void as against W. J. Barker for want of proper service. It is not alleged, as required by the Indiana law, that W. J. Barker “refused to accept or claim such registered mail” containing notice of service and copy of process. The allegation is, that he “failed to claim the same.” To refuse to accept or claim registered mail is not the same as to fail to claim it. The one imports notice, while the other does not. The difference is material.

It is a requirement of the Indiana law that notice of…