2014 US Code
Title 28 - Judiciary and Judicial Procedure (Sections 1 - 5001)
Part V - Procedure (Sections 1651 - 2113)
Chapter 121 - Juries; Trial by Jury (Sections 1861 - 1878)
Sec. 1874 - Actions on bonds and specialties

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Metadata
Publication TitleUnited States Code, 2012 Edition, Supplement 2, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART V - PROCEDURE
CHAPTER 121 - JURIES; TRIAL BY JURY
Sec. 1874 - Actions on bonds and specialties
Containssection 1874
Date2014
Laws In Effect As Of DateJanuary 5, 2015
Positive LawYes
Dispositionstandard
Source CreditJune 25, 1948, ch. 646, 62 Stat. 953.
Statutes at Large Reference62 Stat. 953

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28 U.S.C. § 1874 (2014)
§1874. Actions on bonds and specialties

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.

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