The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-10-18
susrMoNs.

IN THE DISTRICT COURT OF THE
Third judicial district OF the state OF
Utah. county OF Salt Lake
,c Frank knox and G: II. Jacobs, as re-
ceiverS, plaintiffs, VS.. Damon @. Tunne-
cliff, Salt Lake Hot Springs Sanitarium
company, James II: Bacon. Harvey NJ
8 Haeon, trank L Holland W lla91 ,ys 3
qlnand Roys, Louis Hoberman, w. +.
hubbard L. z. Clark. Frank W. Ross. as as
company. defendants. Simmons
Inc state of Utah sends greeting TO Da-
lon u Tunnecliff, Salt Lake Hot Springs
SfSanltarium company, James H. Bacon.
liam 3. Holland, A. NJ Grant. e. H.
dackett, Ferdinand Roys, Louis Hober-
man, W. 4. Hubbard, L. T. Clark. Frank
Union Canal company, defendants: You are
nerepy required 10 appear in an action
plaintiffs in the district court of the Third
Judicial district of the state of Utah, and
10 answer the complaint fled therein
within ten days Exclusive of the day of
service) after The service on Won Of This
summons-if served within this county:
or. II served out Of this county, but in
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 de-
cree of this court adjudging that defend
ants Tunnecliff, Bacon and Holland and
each of them, be required to account for
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 H. 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 Tunaeciiff and so
ned and represented With the full knowI-
edge and consent of said Tunnecliff and
extern nj
and interest thereon said Tunnecliff has
no claim whatsoever upon the assets of
SAID Bank OIL SAT- Lake, and. said James
n. Bacon, until each and all depositors
in said bank are first paid in full with in
tereSt; adJudSlng further that the certiH
cate for 800 shares of the capital stock
in defendant S. L. Hot Springs San. Co,
issued to said Tunnecliff, 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 bv
Frank l.. Holland as trustee, for SAID
tiffs. and that said Holland be required 10
deliver 10 plaintiffs the key 10 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 II. Bacon, TO be fraudulent
and void as to the depoSitors of s2id
Bark OF Salt Lake, and TIC be the prop
erty of plaintiffs; to have all transfers
OF real estate 10 said Tunneci1n OF prop
erty of James II. Bacon. ascertained and
adiudged fraudulent and void as to said
depositorS, and decreed to be the property
OF plainriffsi pending this action to have
defendant Tunnecliff, his agents. servants
and attorneys, enjoined and restrained
from selling, assigning. transferring or
pleoglng 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-
spective officers and agents restrained
from transferring any stock upon the
books of said company standing in name
OF defendants Bacon, Tunneclff, 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 d receiver appointed
Of said SanitariuIn 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-
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
(Seat) 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. u. SPRAGUE Deputy Clerk
O. 5. Varian and c.. c. Dey, attorneys
for plaintiffs.