Title 28 — Judiciary and Judicial ProcedureRelease 119-73not60
§1874 Actions on Bonds and Specialties
Title 28 › Part V— PROCEDURE › Chapter 121— JURIES; TRIAL BY JURY › § 1874
Summary
When someone sued admits fault or fails to follow a contract penalty, the court must order payment of what is due. If the exact amount is unclear, either side can ask a jury to figure it out.
Full Legal Text
Title 28, §1874
Judiciary and Judicial Procedure — Source: USLM XML via OLRC
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
Notes & Related Subsidiaries
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.
Reference
Citations & Metadata
Citation
28 U.S.C. § 1874
Title 28 — Judiciary and Judicial Procedure
Last Updated
Apr 5, 2026
Release point: 119-73not60