FEDERAL · 28 U.S.C. · Chapter 121
Actions on bonds and specialties
Current through Pub. L. 119-102
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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28 U.S.C. § 1874 (Actions on bonds and specialties) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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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.
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.