28 USC § 1874 - Actions on bonds and specialties

---
identifier: "/us/usc/t28/s1874"
source: "usc"
legal_status: "official_legal_evidence"
title: "28 USC § 1874 - Actions on bonds and specialties"
title_number: 28
title_name: "JUDICIARY AND JUDICIAL PROCEDURE"
section_number: "1874"
section_name: "Actions on bonds and specialties"
chapter_number: 121
chapter_name: "JURIES; TRIAL BY JURY"
part_number: "V"
part_name: "PROCEDURE"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(June 25, 1948, ch. 646, 62 Stat. 953.)"
---


# § 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.

---

**Source Credit**: (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.