§ 1874. Actions on bonds and specialties

155 words·~1 min read·/usc/title-28/section-1874

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.

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

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.

Connections2 off-index

2 references not yet in our index

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

Citation graph

cites case law

§ 1874

Actions on bonds and specialties

ActJune 25, 1948, ch. 646

Stat.62 Stat. 953

Cites 2Cited by 0 across 0 sources