FEDERAL · 28 U.S.C. · Chapter 121

Actions on bonds and specialties

28 U.S.C. § 1874
Title28Judiciary and Judicial Procedure
Chapter121 — JURIES; TRIAL BY JURY

This text of 28 U.S.C. § 1874 (Actions on bonds and specialties) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
28 U.S.C. § 1874.

Text

In all actions to recover the forfeiture annexed to any articles of agreement, covenant, bond, or other specialty, wherein the forfeiture, breach, or nonperformance appears by default or confession of the defendant, the court shall render judgment for the plaintiff for such amount as is due. If the sum is uncertain, it shall, upon request of either party, be assessed by a jury.

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Source Credit

History

(June 25, 1948, ch. 646, 62 Stat. 953.)

Editorial Notes

Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §785 (R.S. §961).
Word "actions" was substituted for "all suits brought," in view of Rule 2 of the Federal Rules of Civil Procedure. For the same reason, words "according to equity," after "to recover so much as is due," were omitted.
Words "or upon demurrer," after "default or confession of the defendant," were omitted in view of Federal Rules of Civil Procedure, Rule 7(c), abolishing demurrers.
Changes were made in phraseology.

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Bluebook (online)
28 U.S.C. § 1874, Counsel Stack Legal Research, https://law.counselstack.com/usc/28/1874.