§ 1874. Actions on bonds and specialties

Statutory text

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1948
Title 28, United States Code, section —
Pub. L. 80–646 · 62 Stat. 869
Enacted · 28 U.S.C. § 1874
(June 25, 1948, ch. 646, 62 Stat. 953.)
Source evidence
Code source credit
(June 25, 1948, ch. 646, 62 Stat. 953.)

0 of 1 references resolved to an enrolled provision · 1 partial

Notes

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.

Credits

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