2011 US Code
Title 28 - Judiciary and Judicial Procedure
Part V - PROCEDURE (§§ 1651 - 2113)
Chapter 121 - JURIES; TRIAL BY JURY (§§ 1861 - 1878)
Section 1874 - Actions on bonds and specialties
View Metadata| Publication Title | United States Code, 2006 Edition, Supplement 5, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 121 - JURIES; TRIAL BY JURY Sec. 1874 - Actions on bonds and specialties |
| Contains | section 1874 |
| Date | 2011 |
| Laws in Effect as of Date | January 3, 2012 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | June 25, 1948, ch. 646, 62 Stat. 953. |
| Statutes at Large Reference | 62 Stat. 953 |
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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 NotesBased 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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