28 U.S.C. § 1874 — Actions on bonds and specialties
submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 63 words · no verdicts yet
When a defendant defaults or confesses in an action to recover a forfeiture under a written obligation, the court must enter judgment for the plaintiff for the amount due. A jury determines an uncertain amount if either party asks.
In an action to recover a forfeiture attached to articles of agreement, a covenant, a bond, or another “specialty,” if the forfeiture, breach, or failure to perform appears from the defendant’s default or confession, the court must enter judgment for the plaintiff for the amount due. If the amount is uncertain, the court must have a jury assess it when either party requests one. This section does not define the quoted term.
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.
Source credit: (June 25, 1948, ch. 646, 62 Stat. 953.)
- 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 953
A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.
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