Dismissed The Whedon Case

The case of the City of Arm Arbor vs. W. W. Whedon came up this afternoon while the jury were out on the Sebring case. The first question raised was a motion by the defendant's attorneys that the action was not appealable to the circuit court as it was a criminal case and the defendant had been discharged in the justice court. The city attorney argued that a judgment had been rendered against the city in the justice court and under the charter it could be appealed. It will be remembered that the case is the celebrated "stone walk test case," in which an effort was being made to establish the validity or invalidity of the ordinance relating to power of the city to force property owners to lay stone walks vvithin a certain district. Judge Kinne said that he was inclined to, and, if he had to decide the motion on the spur of the moment, would dismiss the appeal on the grounds oï lts having been a criminal case, but he would like to consult the authorities. i Whiíe doing so the attorneys proceeded to Introduce the testimony in the case, but had not gone f ar before Judge Kinne satisfied himself on the authorities and dismissed the appeal.