Geib v. Kent Circuit Judge

In the opinion written by Mr. Justice REID it is held that the writ of mandamus should be denied. I concur in that holding; but solely on the ground that under the circumstances of this case as disclosed in my Brother's opinion the order of the circuit judge setting aside the judgment and default entered against the garnishee defendant was not an abuse of discretion. She relied upon the circuit judge's statement and through no fault of her own the garnishee defendant was misled. Her being so misled was tantamount to constructive fraud. Therefore, since the issuance of a writ of mandamus by…