Mountain State Water Co. v. Town of Kingwood

Although I am in accord with what I regard as the holding essential to justify a reversal of the trial court’s ruling, my opinion concerning the legal question involved in the second syllabus point does not coincide with that of my associates.

In spite of Code, 56-4-17, a notice of motion for judgment on contract still remains an action at law in this state, as well as in Virginia, as is illustrated by the fact that the present case is pending here upon a writ of error. Such proceedings have never come here upon appeal. While it is true that the statute should be construed with great…