Commonwealth ex rel. Funk v. Sizemore

CLAY, Commissioner.

This is a suit by the Commonwealth to have appellee adjudged a usurper and disqualified to act as a member of the Leslie County Board of Education. The trial Court dismissed the petition.

The issue is whether or not appellee completed the eighth grade in a common school as required by KRS 160.180. In support of his qualifications, he filed an affidavit of one Clay Huff, who stated he was a teacher in the Lower Trace Branch School during the school year 1932-33, and that appellee completed the eighth grade.

The Commonwealth introduced the Teacher’s Daily Register, signed by…