Commonwealth ex rel. Matthews v. Rice

MONTGOMERY, Judge.

This is an ouster proceeding under authority of KRS 415.050 and 415.060 against Jim (Jimmie) Rice, a purported member of the Magoffin County Board of Education. It is contended that Rice is not eligible for such membership because he had not met the statutory requirement of an eighth grade education. KRS 160.180(1) (c). The appeal is prosecuted from a judgment in favor of Rice.

The first contention urged by appellant is dispositive of the case. Appellant argues that Rice’s failure to respond properly to a request for admission under CR 36.01 amounts to an admission that he…