The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-11-01
SUMMONS.

IN THE DISTRICT COURT OF THE
Third judicial district of the state Of
Utah, county of Salt Lake
Frank Knox and c. H Jacobs, as re-
ceivers, plaintiffs, VS.. Damon G. Tune
cliff, Salt Lake Hot Springs Sanltarlun
company, James H. Bacon, Harvey NJ
Holland, A. NJ. Grant e. II. Hackett, Fer
dinand Roys, LOUIS Hoberman, w. Il.
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.. Tunnecliff, Salt Lake Hot Springs
Harvey NJ. Bacon, Frank L. Holland, Will
liam 3. Holland, a; NJ. Grant, p. 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 to appear in an action
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
serVIce) after the service on you of this
sumrnons-if served within this county
or, if served out of this county, but in
this district, within twenty days; other
wise within forty days-er judgment by
default Will be taken against you, lc-
cording TO the prayer of said complaint.
The said action is brought to have de-
cree of this court adjudging that defend
ants Tunnecliff, Bacon and Holland and
each Of them, be required to account for
.
all and singular the assets and property
of the Bank of Salt Lake and of James
H. Bacon, which, nave come into their
possession or control since the sale of the
assets of the American National bank to
said James H. Bacon; decreeing that the
100000 capital represented by defendants
Bacon and Holland, as owners or officers
of the Bank of Salt Lake, was in fact
the money of defendant TunIeclif, and so
held ana represented with the full knowl-
edge and consent of said Tupnecliff. and
that TO the extent of said sum OF $100 600
and interest thereon said TunneclifT 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
cate for 20 shares or The capital stock
i'll 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
S2i 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
other security given or transferred by
said James H; Bacon to said Tunnecliff
said James H. Bacon, TO be fraudulent
and void as to the depositors of s2id
Bank of Salt Lake, and to be the prop
of real estate to said Tunnecliff of prop
erty of James II. Bacon, ascertained and
adiudged fraudulent and void as to said
depositors, 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
pledging or in any manner incumbering
the stock held or claimed by him in 5 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, Tunneclif, Holland,
Grant, Hackett, Roys, Hoberman, and
that foregoing officers and stockholders