§ 1874. — Actions on bonds and specialties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1874]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 121--JURIES; TRIAL BY JURY
Sec. 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., Sec. 785 (R.S. Sec. 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.
