State ex rel. Barth v. Hamilton County Board of Elections

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 is the subject matter * * * of the original action.” Relators’ complaint arose from the approval of Guckenberger’s nomination; whereas…