The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-10-15
suMsloNs.


IN THE DISTRICT COURT OF THE
Third judicial district OF the STATE OF
Utah. county Of Salt Lake
Frank Knox and .. II. Jacobs, as re-
ceayers. pialndffs, vs. Damon =. Lu ,illles
company. James II. Bacon. Harvey VI.
Bacon, Frank l.. Holinnd, William Il.
Holland, A NJ. Grant. T.. II. Hackett. FER
dinand Roys, Louis hobernlan, w. T..
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
Sanitarium company, James n Bacon,
Harvey NJ, Bacon. Frank L. Holland; VII
Hackett, Ferdinand Roys, Louis Hober-
man, ". E. Hubbard, L. y. Clark, Frank
VI. Ross, as trustee, and St Anthony
Union Canal company, defendants: on are
hereby required 10 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 (exciusive OF the day Of
servlce) after the service on you of this
summonS-n 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 Will 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 adJudgtng that defend
ants Tunnecliff, Bacon and Holland and
@N-
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 have 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
| coo capital represented by defendants
! Bacon and Holland, as owners or officers
J of the Bank of Salt Lake, was in fact
| the money of defendant Tunneclim 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
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 ana all depositors
| in said bank are first paid in full with in
| terest; adJudg1ng further tnat the certifi-
cate for 500 shares of the capital stock
| in defendant S. L. Hot Springs San. Co.,
issued to said Tunneclin. be cancelled,
and said SEQ 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
| tits, and that said Holland be required to
containing said certificates; adjudging all
other security given or transferred by
said James II; Bacon to said Tunneclifl
said James H. Bacon, to. be fraudulent
and void as to- the degositors of Sid
B.pk of Salt Lake. anh to be the prop
CTI. OIL rlQ nave all transfers
of real estate 70 ssed Tunnecltff of prop
adiudged fFaudplsnt and void as to said
| depositcss Z and decreed to be the property
of plaintiff Tending this action to have
defendan{ Knneciif, his agents. servants
and attoNseys. enjoined and restrained
from selling, assigning, transferring OF
! pledging or in any manner incumbering
| 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-
specuve officers and agents restrained
from transferring any stock upon the
books of said company standing in name
of defendants Bacon, Tunnecliff, Holland
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 ano
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 sale
property, and for other relief. And yoJ
are hereby notified that if you fail to ap-
pear and answer the said complaint as
above required, the said plaintiff viii
apply to the court for the relief demanded
therein.
Witness, the honorable judges, ant
the seal OF the district court of the
Third JUDI fetal district, in and foi
(Seai) the state of Utah. this 18th day Of
August in the} Asar of our Lord one
thousand eight Kindred and ninety
C. n. STANTON. Clerk.
By ]. H. SPRASUE, DEPUTY Clerk.
c. s. Varian and C. q Dey. attorney!
for plaintiffs.