The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-10-14
SUMMONS.

IN THE DISTRICT COURT OF The
Third judicial district oil the state OF
Gtah, couusy OF Salt Lake
Frank Knox and &. II. JACOBS, as re-
ceiyers, plaintiffs vs.. Damon G.. Tunne-
cliff, Salt Lake Hot Springs SanisarlunI
company, James n. Bacon, Harvey n
Holland, A. NJ Grant. E. H. Hackett, Fer
dlnand Roys, Louis hoberman, W. T.
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 e. Tunnecl1ff, salt Lake Hot springs
Harvey NJ. Bacon, Frank L. Holland, WI
liam B. Holland, 4. NJ. Grant, l. H.
Racket, Ferdinand RoyS, Louis HoDer-
man. man, W. Il. Hubbard, L. y. Clark, Frank
Union Canal company, defendants; GU are
hereby required to appear in an action
plaintiffs 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
serylce) after the service on you of this
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, ac-
cording 10 the prayer OF said complaint
Inc said action is brought TO have de-
cree OF this court adjudging that defend
ants 1unneclin, Bacon and Holland and
each of them, De required 10 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 H. Bacon; decreeing that the
900 capital represented by defendants
Bacon and Holland, as. owners or officers
of the Bank of Salt Lake, was in fact
the money of defendant Tunneclif, and so
! held and represented with the full knoWl-
edge and consent OF said Tunnecliff, and
| that to the extent of said sum of 500 600
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; adjudginS further that the certifi-
| cate for $40 shares OF the capital stock
in defendant S. L. Hot Springs san. Co.,
| and said eco shares be decreed the prop
| erty of these plaintiffs as receivers; ad-
! judging further that the certificates for
/ ga shares of stock in the st. Anthony
| Union Canal Co., claimed to be held by
! Frank L. Holland, as trustee, for said
Tunneclin, to be the property Of plain
! tiffs, 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 Sid
/ 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 James II. Bacon, ascertained and
! adiudSed fraudulent and void as to said
| depoSitorS, 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 OF
I 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-
| Spect1ve officers and agents restrained
from transferring any stock upon the
| 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 10 have a receiver appointed
of said Sanitarium Co., 10 have plain
! tiffS ordered to take possession of said
property, and for other relief. And yoJ
are hereby notified that if you fail to APT
pear and answer the said complaint al
above required, the said plaintiff vii
apply to the court for the relief demandef
therein.
Witness, the honorable judges, al
the seal of the district court of II
Third judicial district, in and II
I (Seai.) the state of Utah. this 18th day Z
August, In the year of our Lord or +
thousand eight hundred and NINETY
six
C. E. STANTON. Clerk.
BY ]. II. SPRAGUE. Deputy Clerk. (
c. S. Varian and c. c. Dey. attorney
for plaintiffs.