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28 U.S.C. · Judiciary and Judicial Procedure
28 U.S.C. § 1874

Actions on bonds and specialties

Ch. 121 — Juries — Trial by Jury
Title 28 U.S.C. ● ACTIVE Primary Source Ch. 121
Statutory Text

28 U.S.C. § 1874 — Actions on bonds and specialties

U.S.C. Title 28 - JUDICIARY AND JUDICIAL PROCEDURE 28 U.S.C. United States Code, 2023 Edition Title 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 121 - JURIES; TRIAL BY JURY Sec. 1874 - Actions on bonds and specialties From the U.S. Government Publishing Office, www.gpo.gov

§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.

Source: uscode.house.gov — public domain Official Source ↗
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Ch. 121 — Juries — Trial by Jury
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