Isham v. Chaffee

The language of IND.CODE 9-8-2-1 leads me to concur in the result reached by the majority, but for a different reason. IND.CODE 9-8-2-1 provides that the notice of service and a copy of the process, sent by registered mail, are to be returned to the plaintiff by the Secretary of State when "the defendant refuses to accept or claim such registered mail...." (emphasis added). Thus, the "unclaimed" summons can serve as sufficient process only if the defendant refuses to accept or claim the registered mail.

When interpreting the language of a statute, words and phrases are to be given their plain,…