Hyman v. Erie Concrete & Steel Supply Co.
Hyman v. Erie Concrete & Steel Supply Co.
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
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.