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1990 Tennessee Attorney General Reports and Opinions 1 (1990)

handle is hein.sag/sagtn0104 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276 Public Acts of 1971 October 1990 90-89 CIVIL PROCEDURE: T.C.A. §26-2-114 provides the procedure for exercising the $4,000 personal property exemption under T.C.A. §26-2-102; under the procedure, the exemption is waived as to a particular execution unless the debtor filed a claim for exemption as required by §26-2-114 Iafars the execution was issued; T.C.A. §26-2-407 governs the filing of motions to quash executions or garnishments on the ground that the seized money or property is exempt from process; the statute contemplates motions asserting exemption rights based on either federal or state law; the statute does not allow a debtor to quash an execution or garnishment based on the $4,000 personal property exemption provided by T. '.A. §26-2-102 unless the debtor had filed a claim for exemption prior to the issuance of the execution or garnishment that is the subject of the motion to quash. T.C.A. §§26-2-102, -111, -114, -404, -407. 90-90 CONSTITUTIONAL LAW, TENNESSEE: Due Process Clause: The law does not prohibit a public school from operating a before-and-after school care program for students in competition with private enterprise. U.S. Const. Amend. XIV; Tenn. Const. Art. II, §29; T.C.A. §49-2-203, §49-5-5209; Op. Tenn. Atty. Gen. 87-134 (August 6, 1987). 90-90 CONSTITUTIONAL LAW, UNITED STATES: Due Process Clause: The law does not prohibit a public school from operating a before-and-after school care program for students in competition with private enterprise. U.S. Const. Amend. XIV; Tenn. Const. Art. II, §29; T.C.A. §49-2-203, §49-5-5209; Op. Tenn. Atty. Gen. 87-134 (August 6, 1987). 90-97 CORPORATIONS: Professional: Stockholders: T.C.A. §2-19-132 would prohibit the donation of corporate funds to a political action committee to pay organizational, operational, and administrative

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