Moore v. Trust Company Bank

Bell, Chief Judge.

The plaintiffs, depositors, sued the defendant bank for damages because of the claimed wrongful submission to a levy on plaintiffs’ account by the Internal Revenue Service for payment of federal income tax. Defendant moved to dismiss the complaint for failure to state a claim upon which relief could be granted. The court granted the motion and in so doing considered matters outside the pleadings. Thus the grant must be treated as one for summary judgment. CPA § 12 (b) (Code Ann. § 81A-112 (b)). The plaintiffs have appeared pro se in this court and enumerate two errors. Held:

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