STATE EX REL. BARTH v. HAMILTON CTY. BD. OF ELECTIONS

No. 92-1676.

65 Ohio St.3d 219 (1992)

THE STATE EX REL. BARTH ET AL. v. HAMILTON COUNTY BOARD OF ELECTIONS ET AL.

Supreme Court of Ohio.

Decided September 24, 1992.

Opinion announced December 9, 1992.


Attorney(s) appearing for the Case

Donald J. McTigue, for relators.

Joseph T. Deters, Prosecuting Attorney, Robert E. Taylor and James W. Harper, for respondent board of elections.

Lee I. Fisher, Attorney General, and Cherry L. Poteet, Assistant Attorney General, for intervening respondent Secretary of State.

Thompson, Hine & Flory, Gordon M. Strauss, Jack F. Fuchs and Joanne Jocha Ervin, for intervening respondent Guckenberger.


Per Curiam.

The motions to intervene, which relators do not oppose, are sustained. The motion for leave to file a counterclaim and cross-claim is overruled. Both claims demand a writ of prohibition to prevent placement of Magness's name on the general-election ballot and, therefore, constitute a single cross-claim against respondents, as coparties to Guckenberger. Moreover, under Civ.R. 13(G), cross-claims must arise "out of the transaction or occurrence that...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases