The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-11-08
SUMMONS.

IN THE DISTRICT COURT OF THE
Third judicial district CT the state OF
Utah, county OF SAT- Lake
Frank Knox and e. IL. Jacobs, as re-
ceivers, plaintiffs, vs.. Damon G. Iunne-
cliff, Salt Lake Hot Springs Sanitarium
company, James H. Bacon, y Haryey N.
Holland, a. NJ Grant. h. H. Hackett. Fer
dinand Roys, Louis Hooerman w. f.
Hubbard, L. z. Clark, rank W. RoSS, as
trustee, and st. Anthony Union Canal
company, defendants, summons
Tho state of Utah sends greeting TO Da-
Sanitarium company, James II. Bacon,
Harvey NJ. Bacon, Frank L. Holland, VIII
liam b. Holland, A. Nj. Grant, b. ID.
man, W. E. Hubbard, l.. r. Clark, FRANK
". Ross, as. trustee and st, Anthony
Union Canal company defendants: You are
hereby required To appear In an acton
brought against you by the above named
plaintiffs in the district court OF the Third
judicial district of the state OF Utah, ana
TO answer the complaint filed therein
within ten days Exclusive of The day Of
SerVlce) after the service on you of this
SummonS-if served within this county;
or. II served out OF this county, but IN
this district, within twenty days; other
wise within forty days-or judgment by
default VIII be taken against you, ac-
cording to the prayer of SAID complaint
The said action is brought to have a de-
cree of this court adjudging that defend
ants Tunneciiff, Bacon and Holland and
each Of them, be required to account for
and turn over under order of this court,
all anu singular the assets ana property
of the Bank of Salt Lake and of James
H. 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; decreeing that the
S100, 000 capital represented by defendants
Bacon and Holland, as owners or officers
of the Bank of Salt Lake, was in fact
the money of defendant Tunnecliff, and so
held and represented with the full knowl-
edge and consent of said Tunneclin. and
that TO the extent of said sum of 100000
and interest thereon said Tunneclim 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
I terest; adjudging further that the certif-
/ in defendant 5. l.. Hot Springs San. Co..
issued to said Tunnecliff, be cancelled,
and said 900 shares be decreed the prop
erty OF these plalntlfIS as receivers; ad-
judging further that the certIncdteS for
S2f shares OF stock in the St Anthony
Union Canal Co, Claimed 10 be held py
Tunnecliff, to be the property of plain
tiff5. and that said Holland be required to
I deliver TO plaintiffs the key TO the box
containing said certificates; adjudging all
other security given OF transferred by
said James II. Bacon to said Tunnechn
said James n Bacon, to be fraudulent
/ and void as 70 the oepositorS OF sid
I Bank of Salt Lake, and 10 be the prop
! erty of plaintiffs; to have all transfers
Of real estate to said Tunnecliff of prop
erty of James H. Bacon, ascertained and
dQluQSeQ If3uQUleDF ana NOlQ DIS 10 S1lQ
/ depositorSs 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 incumberlnS
! the stock held or claimed by him in 5. Ii.
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, TunnecliH, Holland,
Grant, Hackett, Roys, Hoberrnan, 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 sucll 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 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 OF
August, in the year of our Lord one
thousand eight hundred and ninety
six.
c. E. STANTON. Clerk.
/ BY ]. H. SPRAGUE, Deputy Clerk.
! c. S. Varian and y. c.. Dey, attorneys
I for plaintiffs.