Hyman v. Erie Concrete & Steel Supply Co.

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

• Court: Superior Court of Pennsylvania
• Decided: April 10, 1946
• Docket: Appeal, 105
• Status: Published

Opinion

Per Curiam,

The plaintiff brought an action in assumpsit against defendant and ashed for an accounting under section 11 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.