28-U.S.C.-1874
§1874 – Actions On Bonds and Specialties
Pathway
Title 28 > Part V > Chapter 121 > Section 1874
Details
- Reference: Section 1874
- Legend: §1874 – Actions On Bonds and Specialties
- USCode Year: 2013
Provision Content
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.
U.S. Encyclopedia of Law Coverage
28-U.S.C.-1827 in the Legal Encyclopedia: Judiciary
In this entry about 28-U.S.C.-1827, find legal reference material, bibliographies and premiere content related to judiciary in the American Encyclopedia of Law, presenting a comprehensive view of the United States judiciary-specific issues, written by authorities in the field.
28-U.S.C.-1865 in the Legal Encyclopedia: Judicial Procedure
In this entry about 28-U.S.C.-1865, find legal reference material, bibliographies and premiere content related to judicial procedure in the American Encyclopedia of Law, presenting a comprehensive view of the United States judicial procedure-specific issues, written by authorities in the field.
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