The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-10-12
SUMMONS.

+ IN THE DISTRICT COURT OF THE
Third judicial district OF the state of
Utah. county of Salt Lake
Frank Knox and c. II. Jacobs, as re-
ceivers, plaintiffs, VS.. Damon G. Tunne-
cliff, Salt Lake Hot Springs Sanitarium
company, James H. Bacon. Harvey NJ
Holland, A. NJ. Grant. z. H. Hackett, Fer
dinand Roys, LOUIS Hoberman, w. u.
Hubbard, L. E. Clark, Frank ". Ross, as
trustee, and ST. Anthony Union Canal
company, defendants, summons
The state of Utah sends greeting to Da-
mon G.. Tunneciiff, Salt Lake Hot Springs
Harvey NJ; Bacon, Frank L. Holland, vii
liam B. Holland, A. NJ Grant, e. H.
Hackett, Ferdinand Roys, Louis Hober-
man, W. E. Hubbard, l.. Z. Clark, Frank
w. Ross, as trustee, and st. Anthony
Union Canal company, defendants: lou are
hereby required TO appear in an action
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
summons-if served within this county;
or. if 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, &C
cording to the prayer OF said complaint.
The said action is brought to have de-
cree of this court adjudging that defend
ants Tunneclin, 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
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; decreelng that the
$100, 900 capital represented by defendants
Bacon and Holland, as owners or officers
i 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 Tunnecliff, and
rhaF flfr NJ Clfd GTTTT1 Of
and interest thereon said Tunnecliff has
no claim whatsoever upon the assets of
said Bank of Salt Lake, and said James
Fl. Bacon, until each and all depositors
in said bank are first paid in full with in
! terest; adjudging further that the certifi-
cate for 500 shares of the capital stock
! in defendant S. L. Hot Springs San. Co.,
issued to said Tunneclif, be cancelled
and said 900 shares be decreed the prop
erty of these plaintiffs as receivers; ad-
judging further that the. certificates for
| S2l shares of stock in the St Anthony
! Union Canal Co., claimed to be held by
| Frank l. Holland, as trustee for said
tiffs and that said Holland be required to
| deliver to plaintiffs the key to the box
containing said certificates; adjudging all
J other security given or transferred by
| said James H. Bacon to 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 Tunneclin OF prop
/ erty of James II. Bacon. ascertained and
adiudged fraudulent and void as to said
I depoSitoxs, 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 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, Tunnecliff, 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 such injunction made
| perpetual; TO have a receiver appointed
| of said Sanitarium Co., to have plain
tiffs ordered to take possession of said
| are hereby notified that if you fail to APP
! 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 J. H. SPRAGUE, Deputy Clerk.
c. s. Varian and c. c. Dey, attorneys
for plaintiffs.