Superior Court of Pennsylvania, 1946

Hyman v. Erie Concrete & Steel Supply Co.

Hyman v. Erie Concrete & Steel Supply Co.
Superior Court of Pennsylvania · Decided April 10, 1946 · Baldrige, Rhodes, Hirt, Reno, Dithrich, Ross, Arnold
46 A.2d 586; 159 Pa. Super. 44; 1946 Pa. Super. LEXIS 326 (Atlantic Reporter, Second Series)

Hyman v. Erie Concrete & Steel Supply Co.

Opinion of the Court

Per Curiam,

The plaintiff brought an action in assumpsit against defendant and ashed for an accounting under section 11 *45 of the Practice Act of 1915, as amended, 12 PS §393. The jury returned a verdict for plaintiff. The court below dismissed defendant’s motions for a new trial and judgment n. o. v. and directed that judgment be entered on the verdict, upon payment of the jury fee. Defendant has appealed.

It is well settled that a judgment for an accounting is interlocutory and not appealable: Miller v. Belmont P. & Rubber Co., 268 Pa. 51, 66, 110 A. 802; Hall v. Haines, 38 Pa. Superior Ct. 517.

The appeal is quashed at the costs of appellant.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.