Deupree v. Levinson’s Empirical Analysis

Citation profile

15 federal appellate · 1 district · 4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It has always been the practice in American admiralty courts to allow the parties every opportunity to place their whole case before the court and to enable the court to administer substantial justice between the parties. It is therefore the long-established rule that omissions and deficiencies in pleadings may be supplied and errors and mistakes in practice in matters of substance as well as of form may be corrected at any stage of the proceedings for the furtherance of justice. 2 Benedict on Admiralty (6th Ed.) 557. 'Where merits clearly appear on the record, it is the settled practice, in admiralty proceedings, not to dismiss the libel but to allow the party to assert his rights in the new allegation.’ Mr. Justice Story, in The Adeline, 9 Cranch 244 , 3 L.Ed. 719 ; Galatis v. Galatis (The Miss Nassau), 5 Cir., 55 F.2d 571 . Amendments to libels are freely permitted under Rule 23, Rules of Practice in Admiralty and Maritime Cases, 28 U.S.C.A. The S.S. Nea Hellis, 2 Cir., 116 F.2d 803 ; The Beaconsfield, 158 U.S. 303 , 15 S.Ct. 860 , 39 L.Ed. 993 ; Boston Ins. Co. v. City of New York, 2 Cir., 130 F.2d 156 . Amendments are permitted in admiralty with much more liberality than at common law. The Hamilton, 2 Cir., 146 F. 724 .””

   4 later decisions quote this exact passage · from the majority
   e.g. Petition of A/S J. Ludwig Mowinckels Rederi · Phillips v. United States

2. ““It is not necessary that the assets relied upon as a basis for local administration should be tangible. A mere claim or right of action enforceable within the jurisdiction, such as the present death action, will support a grant of administration. This is the established law of Kentucky. Chesapeake & Ohio Ry. Co. v. Ryan’s Adm’r, 183 Ky. 428 , 209 S.W. 538 . In this case the intestate received the injury resulting in his death in Carter County, Kentucky, but died in West Virginia. The Court of Appeals held that the Carter County court had jurisdiction to appoint the plaintiff as administrator, notwithstanding the intestate was a non-resident of Kentucky, his death occurred in another state, and he left no property or indebtedness due him in Kentucky other than his right of action. Cf. Austin’s Adm’r v. Pittsburg, C., C. & St. L. Ry. Co., 122 Ky. 304 , 91 S.W. 742 , 743, 5 L.R.A.,N.S., 756, which held that where a non-resident has been killed in Kentucky by the tort of another, administration upon the estate of the non-resident decedent will be granted in Kentucky, because the statute which gives the right of action to the estate of the decedent for his death ‘ex necessitate rei’ confers jurisdiction by implication to appoint an administrator to prosecute the suit. “In Brown’s Adm’r v. Louisville & N. R. Co., 97 Ky. 228, 232 , 30 S.W. 639 , the court declared that the county where the decedent was injured and died was the proper county to grant administration; later Chesapeake”

   1 later decision quote this exact passage · from the majority
   e.g. Wilson v. Brown

3. ““It is a long-established rule in the federal courts that administrators are permitted to secure and perfect ancillary administration in states where the decedents were non-residents, even after the running of the statute of limitations. A lack of letters of administration may be cured or an objection of want of capacity to sue may be avoided by substitution of the proper party at any time before hearing, and later appointments of this nature relate back and validate the proceedings from the beginning.””

   1 later decision quote this exact passage · from the majority
   e.g. Carlson v. United States