Levinson v. Deupree, 345 U.S. 648 (1953). · Go Syfert
Levinson v. Deupree, 345 U.S. 648 (1953). Cases Citing This Book View Copy Cite
G Cite
cited 6× by 4 distinct cases, last quoted 1968 · 2 courts · …as it would one originating in any foreign jurisdiction.
509 citation events (58 in the last 25 years) across 58 distinct courts.
Strongest positive: Sonja Lujan, as Personal Representative of the Estate of Kimberly Lujan, Deceased v. Regents of the University of California (ca10, 1995-11-08)
Treatment trajectory · 1953 → 2026 · click a year to view as-of
1953 1989 2026
Top citers, strongest first. 46 distinct citers. How cited ↗
examined Cited as authority (quoted) Sonja Lujan, as Personal Representative of the Estate of Kimberly Lujan, Deceased v. Regents of the University of California (3×)
10th Cir. · 1995 · quote attribution · 3 verbatim quotes · confidence low
a time limitation deemed attached to the right of 1518 action created by the state is binding in the federal forum
discussed Cited as authority (rule) Wang v. New Mighty U.S. Trust
D.D.C. · 2026 · confidence medium
Krupski v. Costa Crociere S.p.A., 560 U.S. 538, 547 (2010) (applying Rule 15 relation back to amended pleading in diversity-negligence case); Levinson v. Deupree, 345 U.S. 648, 652 (1953) (holding that “federal practice controls the question” of relation back in state- law tort case).
discussed Cited as authority (rule) In the Matter of the Petition of Cecilio Javier Adames, as Owner of a 30-Foot 1995 Grady White Runabout (HIN: NTLDY379D494) for Exoneration from or Limitation of Liability
E.D.N.Y · 2025 · confidence medium
In the Advisory Committee’s other cited case, Levinson v. Dupree, a maritime case brought by an ancillary administrator of a boating accident victim’s estate, defendants challenged the administrator’s capacity to sue because her appointment as administrator was established in the incorrect county. 345 U.S. 648, 649 (1953).
discussed Cited as authority (rule) Eisner v. United States
E.D.N.Y · 2025 · confidence medium
Levinson v. Deupree, 345 U.S. 648, 652 (1953) (permitting plaintiff to amend action to allege appointment as administrator “at a time when applicable statute of limitations would bar a new suit”); Advanced Magnetics, Inc. v. Bayfront Partners, Inc., 106 F.3d 11, 20 (2d Cir. 1997) (allowing substitution “to avoid injustice”).
examined Cited as authority (rule) Foremost Insurance v. Richardson (4×) also: Cited "see"
SCOTUS · 1982 · confidence medium
Levinson v. Deupree, 345 U. S. 648, 651 (1953).
examined Cited as authority (rule) McManus v. Lykes Brothers Steamship Company (3×) also: Cited "see"
E.D. La. · 1967 · confidence medium
Counsel points to Levinson’s general holding that a federal forum “accepting and enforcing the limited scope given to the [state death act] by the local law which created it, [need not] also be bound by the dubious and perhaps conflicting intimations on elegantia juris to be found in local decisions,” and that “a federal court [is not] imprisoned [merely because it adopts a state death act] by procedural niceties relating to amendments of pleadings.” 345 U.S. at 651, 652 , 73 S.Ct. at 916 .
cited Cited as authority (rule) Scott v. Middle East Airlines Co., SA
S.D.N.Y. · 1965 · confidence medium
Co. v. Tompkins, 304 U.S. 64 , 58 S.Ct 817 , 82 L.Ed. 1188 (1938), was “irrelevant” in admiralty. 345 U. S. p. 651, 73 S.Ct. 914 .
discussed Cited as authority (rule) State v. Weyerhaeuser Steamship Company
D. Maryland · 1959 · confidence medium
In Skovgaard, a suit in admiralty, a majority of the Court held that it was “incumbent upon the admiralty to enforce the New Jersey statute just ‘as it would one originating in any foreign jurisdiction.’ Levinson v. Deupree, 345 U.S. 648, 651, 652 , 73 S.Ct. 914, 916 , 97 L.Ed. 1319”, and affirmed the four to three decision of the Third Circuit which had concluded that a claim for unseaworthiness is encompassed by the New Jersey Wrongful Death Act, N.J.S.A. 2A:31- *666 1 et seq., as a matter of state law. 358 U.S. at page 595, 79 S.Ct. at page 508.
cited Cited "see" MKA Exchange Powell LLC v. First American Title Insurance Company
M.D. Tenn. · 2024 · signal: see · confidence high
See Levinson v. Deupree, 345 U.S. 648 (1953); Link Aviation, Inc. v. Downs, 325 F.2d 613 (D.C.
cited Cited "see" Zurich American Insurance Company v. O'Bryan Contracting and Leasing, Inc.
W.D. Ky. · 2022 · signal: see · confidence high
See Levinson v. Deupree, 345 U.S. 648 (1953); Link Aviation, Inc. v. Downs, 325 F.2d 613 (D.C.
discussed Cited "see" GARB v. GARB
D.N.J. · 2019 · signal: see · confidence high
See Levinson v. Deupree, 345 U.S. 648 (1953) (discussing limitation of liability in the context of a wrongful death action arising out of a collision of two motorboats on the Ohio River); Just v. Chambers, 312 U.S. 383 (1941) (dealing with limitation of liability proceedings by owners of pleasure boats); Coryell, 317 U.S. at 406 (same).
examined Cited "see" Estate of Rowell v. Walker Baptist Medical Center (3×)
N.D. Ala. · 2013 · signal: see · confidence high
See Levinson v. Deupree, 345 U.S. 648 , 73 S.Ct. 914 , 97 L.Ed.2d 1319 (1953), relied upon in Hess , (in the case of a wrongful death action brought by party not yet properly appointed as administrator of decedent’s estate, and where the appointment occurs only after the statute of limitations has run, a federal court must allow the appointment to relate back to the time of the initial filing even if the forum state would not allow the relation back and would hold the action time-barred in its own courts).
examined Cited "see" Suda v. Weiler Corp. (3×)
D.N.D. · 2008 · signal: see · confidence high
See Levinson v. Deupree, 345 U.S. 648 , 73 S.Ct. 914 , 97 L.Ed.2d 1319 (1953); Link Aviation, Inc. v. Downs, 325 F.3d[F.2d] 613 (D.C.Cir.1963).
examined Cited "see" Esposito v. United States (3×)
10th Cir. · 2004 · signal: see · confidence high
See Levinson v. Deupree, 345 U.S. 648 , 73 S.Ct. 914 , 97 L.Ed.2d 1319 (1953); Link Aviation, Inc. v. Downs, 325 F.2d 613 (D.C.Cir.1963).
examined Cited "see" Zurich Insurance Company v. Logitrans, Inc. (3×)
6th Cir. · 2002 · signal: see · confidence high
See Levinson v. Deupree, 345 U.S. 648 , 73 S.Ct. 914 , 97 L.Ed.2d 1319 (1953); Link Aviation, Inc. v. Downs, 325 F.2d 613 (D.C.Cir. 1963).
examined Cited "see" Zurich Insurance v. Logitrans, Inc. (3×)
6th Cir. · 2002 · signal: see · confidence high
See Levinson v. Deupree, 345 U.S. 648 , 73 S.Ct. 914 , 97 L.Ed.2d 1319 (1953); Link Aviation, Inc. v. Downs, 325 F.2d 613 (D.C.Cir.1963).
examined Cited "see" Fujimoto v. Au (3×)
Haw. · 2001 · signal: see · confidence high
See Levinson v. Deupree, 345 U.S. 648 , 73 S.Ct. 914 , 97 L.Ed.2d 1319 (1953); Link Aviation, Inc. v. Downs, 325 F.2d 613 (D.C.Cir.1963).
examined Cited "see" Lans v. GATEWAY 2000, INC. (3×)
D.D.C. · 1999 · signal: see · confidence high
See Levinson v. Deupree, 345 U.S. 648 , 73 S.Ct. 914 , 97 L.Ed.2d 1319 (1953); Link Aviation, Inc. v. Downs, 325 F.2d 613 (D.C.Cir.1963).
examined Cited "see" Estate of Fortunato Ex Rel. Fortunato v. Handler (3×)
W.D. Pa. · 1996 · signal: see · confidence high
See Levinson v. Deupree, 345 U.S. 648 , 73 S.Ct. 914 , 97 L.Ed.2d 1319 (1953), relied upon in Hess, (in the case of a wrongful death action brought by party not yet properly appointed as administrator of decedent’s estate, and where the appointment occurs only after the statute of limitations has run, a federal court must allow the appointment to relate back to the time of the initial filing even if the forum state would not allow the relation back and would hold the action time-barred in its own courts).
examined Cited "see" Lavean v. Cowels (3×)
W.D. Mich. · 1993 · signal: see · confidence high
See Levinson v. Deupree, 345 U.S. 648 , 73 S.Ct. 914 , 97 L.Ed. 1319 (1953) (action commenced by administrator whose appointment was void could be amended, even after statute of limitations had run, to allege effective appointment); Executive Jet Aviation, Inc. v. United States, 507 F.2d 508, 514 (6th Cir.1974).
discussed Cited "see" Rinke v. Johns-Manville Corp. (2×)
Wash. Ct. App. · 1987 · signal: see · confidence high
See Levinson v. Deupree, 345 U.S. 648 [, 97 L.
examined Cited "see" Calenda v. Allstate Insurance (3×)
R.I. · 1986 · signal: see · confidence high
See Levinson v Deupree, 345 U.S. 648 , 73 S.Ct. 914 , 97 L.Ed. 1319 (1953); Link Aviation, Inc. v. Downs, 325 F.2d 613 (D.C.Cir.1963); Advisory Committee Note to 1966 Amendment to Fed.R.Civ.P. 17(a); J.
examined Cited "see" Kanter v. Metropolitan Medical Center (6×)
Minn. Ct. App. · 1986 · signal: see · confidence high
See Levinson v. Deupree, 345 U.S. 648 [ 73 S.Ct. 914 , 97 L.Ed. 1319 ] (1958); Link Aviation, Inc. v. Downs, 325 F.2d 613 (D.C.Cir.1963) * * * It is intended to prevent forfeiture when determination of the proper party to sue is difficult or when an understandable mistake has been made * * * * Permitting the amendment and its relation back to commencement of the lawsuit did not prejudice Murray and MMC since the same cause of action was pled and the same facts were involved in the amended complaint as in the original complaint.
examined Cited "see" Wieczorek v. Volkswagenwerk (3×)
6th Cir. · 1984 · signal: see · confidence high
See Deupree v. Levinson, 186 F.2d 297 (6th Cir.1950), aff'd, 345 U.S. 648 , 73 S.Ct. 914 , 97 L.Ed. 1319 (1953); Fed.R.Civ.Pro. 17(a) & Advisory Committee Notes.
examined Cited "see" Wieczorek v. Volkswagenwerk, A.G. (3×)
6th Cir. · 1984 · signal: see · confidence high
See Deupree v. Levinson, 186 F.2d 297 (6th Cir.1950), affd, 345 U.S. 648 , 73 S.Ct. 914 , 97 L.Ed. 1319 (1953); Fed.R.Civ.Pro. 17(a) & Advisory Committee Notes.
cited Cited "see" Burcl v. North Carolina Baptist Hospital, Inc.
N.C. · 1982 · signal: see · confidence high
See Levinson v. Deupree, 345 U.S. 648 (1953); Link Aviation, Inc. v. Downs, 325 P. 2d 613 (D.C.
examined Cited "see" Hartman v. United States (6×)
D.S.C. · 1981 · signal: see · confidence high
See, Levinson v. Deupree, 345 U.S. 648 , 73 S.Ct. 914 , 97 L.Ed. 1319 (1953); Coryell v. Phipps, 317 U.S. 406 , 63 S.Ct. 291 , 87 L.Ed. 363 (1943). 8 .
examined Cited "see" Triplett v. Azordegan (3×)
N.D. Iowa · 1976 · signal: see · confidence high
See Levinson v. Deupree, 345 U.S. 648 , 73 S.Ct. 914 , 97 L.Ed. 1319 (1953); Board of Commissioners v. United States, 308 U.S. 343 , 60 S.Ct. 285 , 84 L.Ed. 313 (1939).
examined Cited "see" Laurence F. Kelly, as Administrator of the Estate of Richard C. Kelly v. United States (3×)
2d Cir. · 1976 · signal: see · confidence high
See, Levinson v. Deupree, 345 U.S. 648 , 73 S.Ct. 914 , 97 L.Ed. 1319 (1953); Coryell v. Phipps, 317 U.S. 406 , 63 S.Ct. 291 , 87 L.Ed. 363 (1943). 6 .
examined Cited "see" Banchi v. Miller (3×)
E.D. Pa. · 1974 · signal: see · confidence high
See, Levinson v. Deupree, 345 U.S. 648 , 73 S.Ct. 914 , 97 L.Ed. 1319 (1953); Coryell v. Phipps, 317 U.S. 406 , 63 S.Ct. 291 , 87 L.Ed. 363 (1943); Branch v. Schumann, 445 F.2d 175 (5th Cir. 1971); Rowe v. Brooks, 329 F.2d 35 (4th Cir. 1964).
examined Cited "see" M & S Construction & Engineering Co. v. Clearfield State Bank (3×)
Utah · 1970 · signal: see · confidence high
See Levinson v. Deupree, 345 U.S. 648 , [ 73 S.Ct. 914 , 97 L.Ed. 1319 ] (1953); Link Aviation, Inc. v. Downs, [ 117 U.S.App.D.C. 40 ], 325 F. 2d 613 (D.C.Cir. 1963).
examined Cited "see" Ruth Crowder, Mother and Next Friend of Walter Paul Crowder and David Douglas Crowder, Minors v. Gordons Transports, Inc., a Corporation (3×)
8th Cir. · 1967 · signal: see · confidence high
See Levinson v. Deupree, 345 U.S. 648 , [ 73 S.Ct. 914 , 97 L.Ed. 1319 (1953)]; Link Aviation, Inc. v. Downs, [117 U.S. App.D.C. 40,] 325 F.2d 613 (1963).
examined Cited "see" Wall Street Traders, Inc. v. Sociedad Espanola de Construccion Naval (3×)
S.D.N.Y. · 1964 · signal: see · confidence high
Leflar, Conflict of Laws, § 60 (Student ed. 1959); see Levinson v. Deupree, 345 U.S. 648, 651-652 , 73 S.Ct. 914 , 97 L.Ed. 1319 (1953); cf. Bournias v. Atlantic Maritime Co., 220 F.2d 152, 154 (2 Cir. 1955); The Kongsli, 252.F. 267 (D.Maine) (1918).
examined Cited "see" Industria E. Comercio De Minerios, S.A. And United States of America v. Nova Genuesis Societa Per Azioni Per L'IndustrIa Et Il Commercio Maritimo (3×)
4th Cir. · 1962 · signal: see · confidence high
See Levinson v. Deupree, 345 U.S. 648 , 73 S.Ct. 914 , 97 L.Ed. 1319 ; Keystone Telephone Co. v. United States, D.
examined Cited "see" Taylor v. Reading Co. (3×)
E.D. Pa. · 1958 · signal: see · confidence high
Guaranty Trust Co. v. York, 1945, 326 U.S. 99, 108 , 65 S.Ct. 1464 ; see Levinson v. Deupree, 1953, 345 U.S. 648, 652 , 73 S.Ct. 914 , 97 L.Ed. 1319 .
cited Cited "see" Wilburn Boat Co. v. Fireman's Fund Insurance
SCOTUS · 1955 · signal: see · confidence high
See Pope & Talbot, Inc. v. Hawn, 346 U. S. 406, 410, 418 . [16] Levinson v. Deupree, 345 U. S. 648 . [17] Kelly v. Washington, 302 U. S. 1, 15 ; Panama R.
examined Cited "see" Elias Siegelman, Individually, and as Administrator of the Estate of Eva Siegelman, Deceased v. Cunard White Star Limited (6×)
2d Cir. · 1955 · signal: see · confidence high
See Levinson v. Deupree, 1953, 345 U.S. 648 , 73 S.Ct. 914 , 97 L.Ed. 1319 , and the Jones Act, 46 U.S.C.A. § 688 , extending the benefits of the Federal Employers' Liability Act to maritime workers, has been applied in state courts, see Garrett v. Moore-McCormack Co., Inc., 1942, 317 U.S. 239 , 63 S.Ct. 246 , 87 L.Ed. 239 .
examined Cited "see" Franke v. Wiltschek (4×)
2d Cir. · 1953 · signal: see · confidence high
See Levinson v. Deupreo, 345 U. S. 648, 652 , 73 S.Ct. 914 . . 326 U.S. at page 108, 65 S.Ct. at page 1469 .
examined Cited "see, e.g." Scott v. Vantage Corp. (3×)
D. Del. · 2018 · signal: see, e.g. · confidence low
See, e.g., Levinson v. Deupree , 345 U.S. 648 , 651, 73 S.Ct. 914 , 97 L.Ed.2d 1319 (1953) (personal representative and statute of limitations); Gardner v. State Farm Fire & Cas.
examined Cited "see, e.g." South African Marine Corp., Ltd. v. United States (3×)
Ct. Intl. Trade · 1986 · signal: compare · confidence low
Compare the case at hand to Levinson v. Deupree, 345 U.S. 648 , 73 S.Ct. 914 , 97 L.Ed. 1319 (1953), where an administrator of a decedent’s estate was allowed to continue suit although he was not validly appointed under Admiralty procedure until after the statute of limitations had run.
examined Cited "see, e.g." Carol Anita Ringrose and Frederick Ringrose v. Engelberg Huller Co., Inc., Sundstrand Corporation and White Consolidated, Inc. (6×)
6th Cir. · 1982 · signal: see also · confidence low
See also Levinson v. Deupree, 345 U.S. 648, 651-52 , 73 S.Ct. 914, 916 , 97 L.Ed. 1319 (1953).
examined Cited "see, e.g." Jimmy P. Davis, as of the Estate of Dallas D. Hardy, Jr., Deceased v. Piper Aircraft Corporation (6×)
4th Cir. · 1980 · signal: see also · confidence low
See also Levinson v. Deupree, 345 U.S. 648, 652 , 73 S.Ct. 914 , 97 L.Ed. 1319 (1953).
examined Cited "see, e.g." Newman v. Freeman (3×)
E.D. Pa. · 1966 · signal: see also · confidence low
See also Levinson v. Deupree, 345 U.S. 648 , 73 S.Ct. 914 , 97 L.Ed. 1319 (1953).
examined Cited "see, e.g." Marilyn W. Pearson, as Administratrix of the Goods, Chattels and Credits of John S. Pearson, Deceased v. Northeast Airlines, Inc. (6×)
2d Cir. · 1962 · signal: see also · confidence low
See also Levinson v. Deupree, 345 U.S. 648, 651-652 , 73 S.Ct. 914 , 97 L.Ed. 1319 (1953), and The Tungus v. Skovgaard, 358 U.S. 588, 592-593 , 79 S.Ct. 503 , 3 L.Ed.2d 524 (1959), dealing with “procedure” and “substance” in the application of state wrongful death acts to maritime claims.
cited Cited "see, e.g." Loc-Wood Boat & Motors v. Rockwell
8th Cir. · 1957 · signal: compare · confidence low
Compare Levinson v. Deupree, supra, at page 652 of 345 U.S. at page 916 of 73 S.Ct. 27 A question as to the propriety of the substitution of the Loc-Wood Boat & Motors, Inc., as petitioner is raised.
cited Cited "see, e.g." Loc-Wood Boat & Motors, Inc. v. Rockwell
8th Cir. · 1957 · signal: compare · confidence low
Compare Levinson v. Deupree, supra, at page 652 of 345 U.S. at page 916 of 73 S.Ct.
Retrieving the full opinion text from the archive…
LEVINSON Et Al.
v.
DEUPREE, ANCILLARY ADMINISTRATOR
439.
Supreme Court of the United States.
Jun 1, 1953.
345 U.S. 648
1953 U.S. LEXIS 2548
Charles E. Lester, Jr. argued the cause for petitioners. With him on the brief was Stephens L. Blakely., Robert S. Marx argued the cause for respondent. With him on the brief was Harry M. Hoffheimer.
Frankfurter.
Cited by 163 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 73%
Citer courts: Tenth Circuit (3)
[*649] Mr. Justice Frankfurter

delivered the opinion of the Court.

Katherine Wing of New York was killed in a collision between two motorboats on the Ohio River within Campbell County, Kentucky, on June 19, 1948. On December 7,1948, Deupree was appointed ancillary administrator of Katherine Wing's estate by the County Court of Kenton County, Kentucky, and on the same day he filed in the United States District Court for the Eastern District of Kentucky a libel seeking to recover damages for her death from petitioners Levinson and Hall, the owners and operators of the boats which had collided. The libel alleged Deupree’s appointment as administrator. On March 3,1949, petitioners answered with a general denial. On July 7, 1949, petitioners having moved for an order requiring the administrator to provide security for costs, Deupree filed an “affidavit for leave to sue in forma pau-peris.” This affidavit stated that “decedent was possessed of no estate out of which costs or expenses herein can be paid or from which security therefor can be given.” On the same day petitioners filed a special demurrer putting in issue Deupree’s capacity to sue, on the ground that the appointment of an administrator in a county where there is no estate is void. Jewel Tea Co. v. Walker's Administrator, 290 Ky. 328, 331, 161 S. W. 2d 66, 68. Deupree thereupon obtained another appointment as ancillary administrator, this time from the County Court of Campbell County, where the cause of action for wrongful death, itself an estate, had its locus. On July 29, 1949, Deupree filed a motion to amend his libel by alleging this new appointment. To the amended libel, petitioners, on September 9,1949, entered a general demurrer.

The District Court sustained both the general and special demurrers. It held that the Kenton County appointment of Deupree as administrator was void and that[*650] the amended libel alleging the Campbell County appointment “cannot relate back to the inception of the libel proceeding.” The claim as set out in the amended libel, the court held, was therefore barred by the Kentucky one-year statute of limitations, and the libel had to be dismissed.

The Court of Appeals agreed that under Kentucky law the Kenton County appointment was defective, although it held that the existence of a cause of action alone is sufficient, in Kentucky, to support the appointment of an administrator, and hence that the Campbell County appointment was valid. The court agreed also that under the Kentucky law the amended libel was barred. But, the Court of Appeals held, as to this matter, Kentucky law was not controlling. And it reversed and remanded for trial. 186 F. 2d 297. We denied a petition for certiorari to review this judgment, 341 U. S. 915, but, after a decree had been awarded to the administrator and the Court of Appeals had affirmed, 199 F. 2d 760, we granted the present petition. 344 U. S. 903. Although the issue, embedded as it is in peculiarities of Kentucky law, is now seen to be a narrow one, it appeared to us at first that there was involved a broader and more important question of the binding force of local law in federal admiralty courts administering remedies created by that law.

The maritime law does not allow recovery for wrongful death. The Harrisburg, 119 U. S. 199; Butler v. Boston & Savannah Steamship Co., 130 U. S. 527, 555. In 1920, Congress adopted a Lord Campbell’s Act restricted to deaths on the high seas, 41 Stat. 537 et seq., 46 U. S. C. § 761 et seq. In further alleviation of the maritime law, we have held that “where death . . . results from a maritime tort committed on navigable waters within a State whose statutes give a right of action on account of death by wrongful act, the admiralty courts will entertain a[*651] libel in personam for the damages sustained by those to whom such right is given.” Western Fuel Co. v. Garcia, 257 U. S. 233, 242. Like the Garcia suit, the present libel was brought under a State wrongful death statute. Ky. Rev. Stat., 1946, § 411.130. As we held in Garcia, a time limitation deemed attached to the right of action created by the State is binding in the federal forum. The Harrisburg, supra, 119 U. S., at 214. Similarly, when the statute, as it does in this case, vests the right of action in “the personal representative of the decedent,” it is not for the forum provided by another jurisdiction to vest the right elsewhere; such a forum must look to the local law to determine the meaning of the phrase “personal representative.” But the narrow question here is whether such a forum, accepting and enforcing the limited scope given to the right by the local law which created it, must also be bound by the dubious and perhaps conflicting intimations on elegantia juris to be found in local decisions, whether, that is, a federal court is imprisoned by procedural niceties relating to amendments of pleadings.

The United States District Court for the Eastern District of Kentucky heard this suit sitting in admiralty. Its jurisdiction did not derive from diversity of citizenship; indeed there was no such diversity. Erie R. Co. v. Tompkins, 304 U. S. 64, is irrelevant. The court in this case was not “in effect, only another court of the State,” Guaranty Trust Co. v. York, 326 U. S. 99, 108. The reasons why the court heard the suit and why it deemed itself controlled by the Kentucky statute of limitations and by the Kentucky definition of “personal representative” are quite different. The District Court adopted and enforced the obligatio created by the State of Kentucky not because it sits in Kentucky and responds to the desirability of uniformity in the administration of justice within that State. In the absence of congressional action, the court adopted[*652] and enforced the obligatio created by Kentucky as it would one originating in any foreign jurisdiction. La Bourgogne, 210 U. S. 95, 138; The Hamilton, 207 U. S. 398, 405. And it was bound to enforce it as it found it, but not bound beyond that to strive for uniformity of results in procedural niceties with the courts of the jurisdiction which originated the obligatio. Even in diversity cases, when “a right is enforceable in a federal as well as in a State court,” and the federal court sits as “another court of the State,” we have recognized that “the forms and mode of- enforcing the right may at times, naturally enough, vary because the two judicial systems are not identic.” Guaranty Trust Co. v. York, supra, 326 U. S., at 108. Whether, if this were a diversity case, we would consider that we are here dealing with “forms and modes” or with matters more seriously affecting the enforcement of the right, it is clear that we are not dealing with an integral part of the right created by Kentucky.

We hold that federal practice controls the question whether the administrator, holding an effective appointment under Kentucky law, should be permitted to amend his libel so as to allege that appointment, at a time when the applicable statute of limitations would bar a new suit. And we hold that the administrator should be permitted to do so. Rule 23, Rules of Practice in Admiralty and Maritime Cases; cf. New York Central R. Co. v. Kinney, 260 U. S. 340, 346.

Affirmed.