The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-11-09
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-
company. James H; Bacon. Harvey N.
Holland, A. NJ. Grant. E. H. Hackett Fer
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
Harvey II. Bacon, Frank L. Holland, VIII
liam 3. Holland, A; NJ. Grant, 70. r
man, W. E. Hubbard. L. E. 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 filed therein
within ten days Exclusive OF the day OF
serV1ce) after the service on you of this
summons-if served within this county;
or, Il served our OF thus county, but in
this district, within twenty days; other
wise within forty oayS-or judgment by
default will be taken against you, &c
cOrding to the prayer OF said complaint.
The said action is brought to have a de-
cree of th1S court adjUdginS that defend
ants Tnnnechfr, bacon and holland and
each Of them, be required TO account for
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 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
Sl01,000 capital represented by defendants
Bacon and Holland, as owners or officers
of the Bank OF Salt Lake, was in fact
the money Of defendant Tunneciin, 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
f1d int has
no claim whatsoever upon the assets of
said Bank OF Salt Lake, and said James
h. Bacon, until each and all depoSitors
in said bank are first paid in full with in
terest; adJUdging further that the certif-
cate for 600 snares OF me capital stock
in defendant s u. Hot Springs San Co,
ana said 800 shares be decreed the prop
erty of these plaintiffs Is receivers; ad-
81 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 DOx
containing said certificates; adjudSing all
ether security given or transferred by
said James II. Bacon. 10 said Tunnecli1
or by any other person q I instance of
and VOID as to the depositors of seid
Bank of Salt Lake, and to be the prop
erty of plaintiffs; to have all transfers
OF real estate to said Tunneciif OF prop
erty of James II. Bacon, ascertained and
adiudged fraudulent and void as to said
depoSto-s, and decrsed to be the property
OF plaintiffs; pending this action to have
defendant TunneciiT, his agents, servants
and attorneys, enJOined and restrained
from selling, assigning, transferring or
pledginS or in any manner incumbernS
the stock held or claimed by him in 5. 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
CT said Saaitarium 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 SanitariEm Co, to have plain
tins 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 CT 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. r. STANTON. Clerk.
BY J. II. SPRAGCE, Deputy Clerk.
c. 5. Varian and -. c. Deg. attorneys
for plaintiffs.