In actions upon penal bonds or other writings for the nonperformance of any covenant or agreement contained therein, the plaintiff may assign such breaches as he may deem proper, and verdict and judgment may be entered for the plaintiff for such of the breaches as he may prove. Default judgments may be entered in accordance with and as appropriate under the Alabama Rules of Civil Procedure, but in no case shall the judgment exceed the principal and interest due on the instrument.
(Code 1852, §§2231, 2367; Code 1867, §§2633, 2771; Code 1876, §§2982, 3033; Code 1886, §2668; Code 1896, §3289; Code 1907, §5325; Code 1923, §9462; Code 1940, T. 7, §215.)
Terms Used In Alabama Code 6-5-31
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Verdict: The decision of a petit jury or a judge.