Byrne v. Allen

*675DISSENTING OPINION OF

CIRCUIT JUDGE PERRY.

■While concurring in the opinion that a creditor’s bill to subject to the payment of a judgment property which cannot be reached by an execution, is, in the broader meaning of the term, a proceeding in rem, that in proceedings in rem actual personal service on the defendant is not essential, and that in such proceedings substituted service on an absent defendant, whether by publication or in any other authorized form, is sufficient, I respectfully dissent from the conclusion arrived at by the majority of this court, that the Eirst Circuit Court in…