The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-10-10

Hubbard, l.. E. Clark, Frank w. Ross, as
trustee. and st. Anthony Union Canal
company, defendants, summons
The state of Utah sends greeting to Da-
mon G.. Tunneciff. Salt Lake Hot Springs
Sanitarium company James H. Bacon,
liam B. Holland, A. NJ Grant, F.. H.
Hackett, Ferdinand Roys, Louis Hober-
man, w. e. Hubbard, l.. e. Clark, Frank
W. Ross, as trustee, and ST, Anthony
Union Canal company, defendants: You are
hereby required 10 appear in an action
brought against you by the above named
plaintiffs in the district court of the Third
judicial district of the state of Utah, and
to answer the complaint filed therein
within ten days exclusive of the day of
seryice) after the service on you of this
summons-if served within this county;
or, # served out of this county, but in
this district, within twenty days; other
wise within forty days-or judgment by
default will be taken against you, ac-
cording to the prayer of said complaint
The said action is brought to have de-
cree OF this court adjudSing that defend
ants Tunnecliff, Bacon and Holland and
each OF them, be required to account for
and turn over under order of this court
all and singular the assets and property
of the Bank of Salt Lake and of James
II. Bacon, which have come into their
possession or control since the sale of the
assets of the American National bank to
said James ii. Bacon; deereeing that the
500, COO capital represented by defendants
Bacon and Holland, as owners or officers
of the Bank of Salt Lake was in fact
the money of defendant Tunneciiff, and so
held and represented with the full knowl-
edge and consent of said Tunnecliff, and
that 20 the extent of said sum of S1OO 600
and interest thereon said Tunnecliff has
no claim whatsoever upon the assets of
said Bank of Salt Lake, and said James
II. Bacon, until each and all depositors
in said bank are first paid in full with in
terest; adjudging further that the certifi-
cate for 800 shares of the capital stock
in defendant 5. L. Hot Springs San. Co.,
issued to said Tunnecliff, be cancelled,
and said 800 shares be decreed the prop
erty of these plaintiffs as receivers; ad-
judging further that the certificates for
&2i shares of stock in the St. Anthony
Frank l. Holland, as trustee, for said
Tunnecliff, to be the property of plain
tiffs, and that said Holland be required TO
deliver TO plaintiffs the key to the box
containing said certificates; adjudging all
said James II; Bacon to said Tunnecliff
said James II. Bacon, to be fraudulent
and void as to the depositors of said
Bank of Salt Lake, and to be the prop
erty of plaintiffs; to have all transfers
erty of James h Bacon, ascertained and
adjudged fraudulent and void as to said
depo csa g. and decreed to be the property
OF plaintiffs; pending this action to have
defendant Tunnecliff, his agents, servants
and attorneys, enjoined and restrained
from selling. assigning, transferring or
pledg1ng or in any manner incumbering
the stock held or claimed by him in s. L.
Hot Springs San. Co., and st. Anthony
Union Canal Co., and to have their re-
spective officers and agents restrained
from transferring any stock upon the
books. of said company standing in name
of defendants Bacon, Tunnecliff, Holland,
Grant, Hackett, Roys, Hoberman, and
that foregoing officers and stockholders
of said Sanitarium Co. be enjoined from
voting any stock held by them or either
of them in said company and
upon hearing to have such injunction made
perpetual to have a receiver appointed
of said Sanitarium Co. to have plain
tiffs ordered to take possession of said
property, and for other relief. And you
are hereby notified that if you fail to APP
pear and answer the said complaint as
above required, the said plaintiff will
apply to the court for the relief demanded
therein.
Witness, the honorable judges, and
the seal of the district court of the
Third judicial district, in and for
(Sea1) the state of Utah. this 18th day of
August, in the year of our Lord one
thousand eight hundred and ninety
six.
G. E. STANTON. Clerk
BY J. H. SPRAGUE, Deputy Clerk
c. S. Varian and c. G. Dey, attorneys
for plaintiffs.