"As a rule of law, the situs of [railroad rolling stock] is determined by the domicile of the owner. This is true as to questions affecting the sale, distribution, and right of possession thereof."
How later courts described this case
- "As a rule of law, the situs of [railroad rolling stock] is determined by the domicile of the owner. This is true as to questions affecting the sale, distribution, and right of possession thereof."
Written by the judges who cited it.
The opinion
Cole, J.,
dissents in toto to the foregoing opinion. ITis views are fully expressed by himself.
The judgment upon defendant’s appeal is affirmed upon the concurrence of a majority of the court, and affirmed upon plaintiff’s appeal by reason of an equal division in the opinions of the judges — Beck and Day, JL, holding that on plaintiff’s appeal the judgment should be reversed, while Miller, Ch. J., and Cole, J., hold it should be -affirmed. *
Affirmed.
Not:e. — The arguments of counsel in The City of Davenport v. The Chicago, Rock Island & Pacific R. Co., 38 Iowa, 633 , upon points discussed in the foregoing opinion, were considered before the decision in this case. Messrs. D. Rorer, Cook, Rickman & Bruning, T. F. Witkrow and Edmonds & Ransom submitted arguments for defendant in tkat case, and J. if. Rogers for plaintiff.