Hyman v. Erie Concrete & Steel Supply Co.

Superior Court of Pennsylvania

Hyman v. Erie Concrete & Steel Supply Co.

46 A.2d 586, 159 Pa. Super. 44, 1946 Pa. Super. LEXIS 326

Superior Court of Pennsylvania·Decided April 10, 1946·No. Appeal, 105·Published

Opinion

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.

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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.

Hyman v. Erie Concrete & Steel Supply Co., 46 A.2d 586, 159 Pa. Super. 44, 1946 Pa. Super. LEXIS 326 (Pa. Ct. App. 1946).

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