The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-10-05

dinand Roys. LOUIS Hoherman, W. E.
Hubbard, L. E. Clark, Frank W. Ross, as
trustee and ST. Anthony Union Canai
company, defendants, summons
The state of Utah sends greeting to Da-
mon G. Tunnecl-ff, Salt Lake Hot Springs
Sanitarium company, James II. Bacon
liam b. Holland, A. M. Grant, z. H.
Hackett, Ferdinand Roys, Louis Hober-
man. w. E. Hubbard, l.. =. Clark, Frank
W. Ross, as trustee and ST. Anthony
Union Canal company, defendants: gu are
HEREBY required 10 appear in an action
brought against you ny The above named
pialntiffs in the district court of the Third
Judicial district of the state of U,ah. and
10 answer the complaint flied therein
within ten days exclusive of the day of
service) after the service on you of this
summonS-n served within this county;
or. L serNed oue VI th-s county, out IN
this district, within twenty days; other
wise w.tnln forty days-or judgment by
default will be taken against YOU ac-
cording 10 the prayer OF SAID complaint
The said action is brought to have a de-
cree of this court adjudglng that defend
ants Tunneciift, Bacon ana HoDand 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 SAFE of the
assets OF the american National bank TO
said James II. Bacon; decreelng that the
100000 capital represented by defendants
Bacon and Holland, as owners or otncers
of the Bank of Salt Lake, was in fact
the money of defendant Tunnec4iff and so
he'd and represented with the full knowl-
edge and consent of said TunnecIiff, and
that 10 the extent of SAID sum of SlUO, 600
and interest thereon said Tunnecliff has
no claim whatsoever upon the assets of
said Bank of Salt Lake, and said James
H. Bacon, unIll each and all depositors
in SAID bank are first paid in full with in
terest adJudging further that the certifi-
cate for $40 shares of me capital stock
in defendant S L. Hot Springs San Co.
issued to said TunnecIf, be cancelled
and said SO shares be decreed the prop
erty of these plaintiffs as receivers; ad-
judging urther that the certificates for
S2i shares of stock in the ST. Anthony
Union Canal Co., Canned to be held Dy
Frank L. Holland, as trustee, for said
tiffs, and that said Holland De required TO
denver TO plaintiffs the key to the Dox
containing said certificates; adjudging all
said JAMES H. Bacon to said Tunnecliff
or by any other person at instance Of
said James H. Bacon, 10 be fraudulent
Bank of Salt Lake, and to be the prop
erty of plaintiffs; to have all transfers
of real estate to said Tunnecliff of prop
erty of Jar1e~ H Bacon. ascertafned and
adjudged fraudulent and void as 10 said
deposito-s, and decreed to be the property
of plaintiffs; pending his action 10 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 N 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, Tunnec,iff, Holland,
Grant, Hackett, Roys, Hoberman, and
that foregoing officers and stockholders
of said Sanitar:um 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 appoint ed
of said Sanitarium 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 will
Apply to the court for the relief demanded
therein.
Witness, the honorable judges. and
the sea of the district court of the
Third judicial strict, in and for
(Seal.) the state of Utah this 2Sth 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