The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-10-26
SINIMONS.

IN THE DISTRICT COURT OF TILE
Third Judicial district OF the state or
Utah, county of Salt Lake
Frank Knox and e. H Jacobs as re-
ceivers, plaintiffs, VS. Damon G. Tunne-
cliff. Salt Lake Hot Springs Sanitariu1n
company, James II. Bacon, Harvey NJ
Holland, A. NJ. Grant. e II. Hackett, Fer
dinand Roys. Louis Hoberman, W. T.
hubbard, l. p. Clark, Frank w Ross, as
company, defendants, summons
The state of Utah sends greeting to Da-
mon G. Tunnecliff, Salt Lake Hot Springs
Sanitarium company, James II. Bacon,
Harvey NJ. Bacon, Frank L. Holland, VIII
liam 3. Holland, a. NJ. Grant, r.. H.
man, W. Il. Hubbard l.. Il. Clark, Frank
w. Ross, as trustee, and st. Anthony
Union Canal company, defendants: lou are
hereby required to 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
service) after the service on you of this
summons-if served within this county;
OF, II 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. nc
cording to the prayer of said complaint
The said action is brought to have de-
cree of this court adjudging chat DEFEND
ants Tunneclin, 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; decreelng 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 Iun1eclin, and so
held and represented with the full knowl-
edge and consent of said Tunnecliff and
that to the extent of said sum of 100000
md ir1fn C1I1 coli y
no claim whatsoever upon the assets of
said Bank OF Salt Lake, and said James
II. Bacon, until eacn and all depositors
in said bank are first paid In full with in
terest, adjudging further that the certifi-
cate for $40 shares of The capital stock
in defendant S. l.. Hot Springs San. Co,
issued to said Tunnecliff. be cancelled.
and said eco shares be decreed the prop
erty of these plaintiffs as receivers; adj
judging further that the certificates for
S2i shares of stock in the St Anthony
Union Canal Co., claimed to be held by
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 II. Bacon to said Tunnecliff
or by any other person at instance OF
said James H Bacon. TO be fraudulent
and void as to the depositors OF seid
Bank of Salt Lake, and to be the prop
erty of plaintiffs; to have all transfers
of real estate to said Tunneciff of prop
adiudged fraudulent and void as to said
deposito-s, 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 OF
pledgfns or in any manner incumberng
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 reStratneS
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 sucii Injunction made
perpetual. 10 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
tSeai) the state of Utah. this 18th day or
August, in the year of our Lord one
thousand eight hundred and ninety
six.
C. E. STANTON. clerk.
By J. H. SPRAGUE. Deputy Clerk.
C. s. Varian and c. c. Dey, attorneys
for plaintiffs