The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-10-07

dinand Roys, LOUIS Ho5erman, W. E
Hubbard. L. Z. Clark, Frank w Ross as
trustee, and St Anthony Onion Cana
company, defendants, summons
The state of Utah sends greeung to Da
mon G.. TunnecLn. salt Lake Hot Springs
Sanitarium company, James II. Bacon,
liam 3. Holland, a. NJ. Grant T.. II.
Hackett, Ferdinand Roys. Louis Hober-
man, w. E. Hubbard. L. E. Clark, Frank
W. Ross, as trustee, and St Anthony
Union Ca al company, Gefs ndantS. / Ou are
hereby required 10 appear in an action
brought against you oy 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
serVlce) after me service on you Of IN :
suumons-if served within this county,.
Or, 4 e-Sed u ms county, Du- N
this district. within twenty days; other
WISE w-Lnln forty days-or judgment by
default Will be taken against you, ac-
corning 10 the prayer OF sad complaint.
The said action is brought 10 have a de-
cree of this court &djudsinS that defend
ants Tunnecnn, Bacon anu Ho..and 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
H Bacon, which nave come into their
possession or control since the SAFE of the
assets OF the American NaQOnal bank to
said James II. Bacon; decreelhg mat the
100000 capitai represented by defendants
Bacon and Holland, as owners or OIncerS
of the Bank OF salt Lake, was in fact
The money of defendant IunnecIm, and so
held ana represented with the full knowl-
edge and consent of said Tunnecdff, and
that TO the extent OF sand sum OF SlOO,UO0
and interest thereon said Tunnecliff has
no claim whatsoever upon the assets of
said Bank of Salt Lake, and said James
II. Bacon, unll each and all depositors
in said bank are first paid in full with in
tereSt; adJudSlng further that the certifi-
cate for SO shares OF me capital stock
in defendant 5. l.. Hot Springs SAN Co.
issued 10 said Tunneclin, be cancelled
and said 500 shares be decreed the prop
erty of these plaintiffs as receivers: ad-
judging further that the certificates for
S24 shares of stock in the st. Anthony
Union GanaI 90, Canned 70 be held oy
Frank L. Holland, as trustee, for said
Tunnecliff. TO be the property of plain
tiffs, and that said Holland DE required 10
deliver 10 plaindffs the key . me box
containing said certificates; adiudging all
other security given or tIalsIelred by
said James H. Bacon 10 said Tunnecliff
or by any other person at instance of
said James H. 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
OF real estate to said Tunnecliff OF prop
erty of James II. Bacon, ascertained and
adjudged 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 or
p4euBluS OF III any manner IlcuHDerlnS
the stock held or claimed by him n 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 Sanitar:um 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 ap-
pear and answer the said comp amt 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
(Seal.) the state of Utah this 18th day or
August, in the year OF our Lord one
thousand eight hundred and ninety
C. f. STANTON. Clerk.
By J. H. SPRAGUE, Deputy Clerk.
C. s. Varian and c. C. Dey, attorneys
for plaintiffs.