The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-10-21

49, 49,
IN THE DISTRICT COURT or, THE
Third judicial district OF the state OF
Utah, county OF SAT- Lake.
Frank Knox and {. II. Jacobs, as re-
cliff. Salt Lake Hot Springs Sanitarit,sm1
company, James II. Bacon, Harvey NJ.
Bacon. Frank L. Hoilnnd, William 3
Holland, A. NJ Grant. L. H Hackett- Fer
dinand Roys, Louis ho5erman, W. L.
Hubbard. l. T.. Clark. Frank W. Ross. as
trustee, and St. Anthony Union Canal
company, defendants, summons
The state OF I tab sends greeting to Da-
mon G. Tunneclin, Salt Lake Hot Springs
SanitaTium company. James H. Bacon
Harvey ii. Bacon. Frank l. Holland. VIII
Hackett, Ferdinand Roys, Louis H0ber-
man, w. K. Hubbard. l.. F. Clark, Frank
w Ross, as trustee, and st. Anthony
Union Canal company, defendants: You 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 fled therein
within ten days {exc.usiye of the day or
service) after the service on you OF this
summons-f served within this county |;
or. il 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, 1c-
cording TO the prayer of said complaint
The said action is brought 10 have a de-
cree OF this court adJudging that defend
ants TunneclifI, Bacon ana Holland and
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 nave come into their
possession or control since the sale OF the
assets OF the American National bank to
said James II. 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 Tunaecliff. and so
held and represented with the full knoWi-
edge and consent OF said TCnnechH and
that to the extent of said sum OF 100000
and interest thereon said TunneciiH 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 vita In
tereSt; adjudging further that the certih-
in defendant S. l.. BOT Springs san Co
issued to said Tunneciin be cancelled,
and said SEQ shares be dccreed tEc prop
erty of these plaintifrs. as receiFa rs; ad-
judging further that the certificates for
81 shares OF stock in the St Anthony
Dnlon GahaI 20. claimed 70 DC heid ~
Tunnecliff, to be the property OF plain
tiffs. and that said Holland be required TO
deliver TO plaintiffs the key to t1e box
containing said certificates; adiudginS all
other security given or transferred by
said James II. Bacon 10 sad Tlmneclf
or by any other person at instance OF
said James II. Bacon, 10 be fraudulent
and void as to the depositors Of seid
Bank of Salt Lake, and to he the prop
erty Oh piainuES, 20 rave all transfers
of real estate TO said Tunnecliff OF prop
erty of James II. Bacon. ascertained and
adiudged fraudulent and void as TO said
depositors, and dec-eed to be the property
of plaintiffs: pending this action 10 have
defendant Tun1ecIif. his agents. servants
and attorneys. erjoired and restrained
from selling, assigning. transferring or
pledglng or in any manner incuinberiRg
the stock held or claimed by him N s. L.
Hot Springs San. Co., and St Anthony
Union Canal Co., and 10 have their re-
spectye officers and agents restrained
from transferring any stock upon the
books Of said company standing in name
of defendants Bacon, Tunnsciiff Holland
that foregoing officers and stockholders
Of said Sanitarfum Co. be enjoined from
voting any stock held by them or either
of them in said company. and
upon hearing to have sucll Injunction made
perpetual; 10 have a receiver appointed
of said Sanitarium Co.. to have plain
tiffs ordered 10 take possession Of said
property, and for other re.iet. And you
are hereby notified that if you fail to ap-
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
(Seai.) the state of Utah. this 18th day or
August, in the yer Of cur Lord one
thousand eight hundred and ninety
six.
c. e. STANTON. clerk.
By J. II. SPRAGUE, Deputy Clerk.
c. s Varisn and c. c. Dey, attorneys
for plaintiffs.