The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-09-29
SUMMONS.

IN THE DISTRICT COURT OF THE
Third judicial district of the state of
Ulah. county OF SAT- Lake.
Frank Knox and G. II. Jacobs, as re-
ceivers, ,plaintiffs, vs.. Damon G. Tune
cliff, Salt Lake Hot Springs Sanitarium
company, James II. Bacon, Harvey NJ.
Bacon Frank l.. Holland, William b.
Holland, a, NJ. Grant, 4. H. Hackett, Fer
'dnana Roys, Louis Hoberman, w. E.
Hubbard, l.. E. Clark, Frank w. Ross, as
trustee, ana 81; anthony unlon CANA
company, defendants, summons
The state of Utah sends greeting to Da-
mon @. Tunneclih salt Lake Hot Springs
Sanitarium company, James II. Bacon,
harvey NJ. Bacon, Frank L. Holland, Will
Lam 3. Holland, A. NJ. Grant, e. H.
ilacAett, Ferdinand Roys, Louis Hober-
man, W. e. Hubbard, L. y. Clark, Frank
". Ross, as trustee, and St. Anthony
Union [ a. al company, DEF ndants: You are
hereby required TO appear in an action
brouSRt against you by The above named
plaintins in the district court OF the Third
judicial district of the state of Utah, and
10 answer the complaint filed therein
within ten days exclusive of the day of
sery1ce) after the service on you of this
summons-if served within this county;
yea . IN 5 county, but IN
this district, within twenty days; other
WISE W-tnIn forty days-or judgment by
default will be taken against you, &C
cCru4ng 10 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
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
100 coo capital represented by defendants
Bacon and Holland, as owners or officers
of the Bank of Salt Lake, was in fact
Of I,,,
held and represented with the full knowl-
edge and consent of said Tunnecliff, and
that to the extent of said sum of $100 600
and interest thereon said Tunnecliff 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; adjudsing further that the certifi-
cate for 800 shares of the capital stock
n defendant S. l.. Hot Springs San. Co.,
issued to said Tunnecilit, be cancelled,
and said 500 shares be decreed the prop
erty of these plaintiffs as receivers; adj
S2i shares of stock in the st. Anthony
Union Canal Co., claimed to be held by
Frank l.. Holland, as trustee, for said
TunnecHff to be the property of plain
tifrs, and that said Holland be required to
deliver to plaintiffs the key to 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 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 Tunneclif of prop
erty Of James H. Bacon, ascertained and
adjudged fraudulent and void as TO said
depositors, and decreed to be the property
of plaintiffs; pending this action to have
defendant Tunneciiff, his agents, servants
and attorneys, enjoined and restrained
from selling. assigning, transferring or
pledging or in any manner 1ncumber1ng
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; 20 have a receiver appointed
of said Sanitariurn 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 viii
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 fol-
(Seal.) 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 G. G. Dey, attorneys
for plaintiffs.