Fuller v. Indianapolis & Cincinnati Railroad

This was a suit to restrain the collection of, and vacate a judgment, and to have an execution set aside. It is averred that the judgment was rendered by a justice of the peace, and is void, because it was taken on a default, and without legal notice having been given. A transcript of the judgment and proceedings preceding it was fil'ed; by which it appears that the summons issued on the 15th day of September, and was made returnable on the 16th day of October, and was “served by reading on the 15th day of September, on the conductor, by the name of John W. McQuiston, who refused to receive…