The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-10-19
SUMMONS.

IN Tf-E DISTRICT COURT or LEE
Tasrd judicial district OF the state OF
Utah, county of Salt Lake
Frank Knox and c. II. Jacobs. as re-
ceivers, plaintiffs. VS.. Damon G. Iunne-
cliff, Salt Lake Hot Springs SanitariuIa
company, James H. Bacon, Harvey NJ
Holland. A NJ. Grant Z. II. Hackett. Fer
d.nand Roys. LOUIS Hoberman, w. T.
Hubbard, L. +. Clark. frank w. Ross, as
company, defendants. summons
The state of Utah sends greeting TO pa
mon G. Tunneciiff. Salt Lake Hot Springs
Harvey NJ. Bacon. Frank L. Holland, VII
liam 3. Holland. A. Nj. Grant. n. ri.
Hackett, Ferdinand Roys, Louis Hober-
man. w. E. Hubbard. L. e Clark, Frank
Union Canal company, defendants: lou are
hereby required 10 appear in an action
plaintiffs in the district court of the Third
judicial district of the state of Utah, and
TO answer the complaint lied therein
within ten days Exclusive of the day OF
summonS-if served within this county /;
or, II served. out OF this county, but in
this district, within twenty days; other
wise within forty days-or Judgment by
default viii be taken against you, nc
cording to the prayer of said complaint
The said action is brought to have de-
cree OF this court adjudging that defend
ants Tunneclir 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 H. Bacon; decreeing that the
100000 capital represented by defendants
Bacon and holland. as owners or officers
+, of the Bank of Salt Lake, was In fact
the money OF defendant Tunlecliff, and so
held and represented with the tull knowl-
edge and consent OF said Tunneciff. and
r~.ar1t Of cald of
and interest thereon said TuAnecliff has
no claim whatsoever upon the assets OF
said Bank of Salt Lake, and said James
! II. Bacon, until each and all depositors
in said bank are first paid in full with in
terest; adjudgIng further that the certifi-
cate for $50 shares of the capital stock
in defendant s. l.. Hot Springs San. Co.,
| issued to said Tunneclin. be cancelled,
| and said 800 shares be decreed the prop
erty of these plaintiffs as receivers; ad-
! judging further that the certificates for
SCI shares of stock in the St. Anthony
! Union Canal Co., claimed 20 be held by
Frank L. Holland, as trustee. for said
! 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 H Bacon to said Tunneclifr
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
I erty of plaintiffs; to have all transfers
OF real estate to said Tunneclif of prop
erty of James n. Bacon. ascertafned and
adfudged fraudulent and void as to said
| depo5ito.s, and decreed to be the property
| of plaintiffs, pending this action to have
defendant Tunnecliff, his agents, servants
and attorneys, erjoiEed and restrained
from selling, assigning. transferring or
piedging or in any manner incumbering
the stock held or claimed by him in 8. l.
| Union Canal Co., and to have their re-
specuve 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 enjofned 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.. to have plain
i ttfIs 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.
I Witness, the honorable judges. and
l. the seal OF the district court of the
Third judicial district, in and for
7 (Seai.) the state of Utah. this 18th day of
/ August, IL. the year OF our Lord one
thousand eight hundred and ninety
six.
C. E. STANTON. Clerk.
BY J. ". SPRAGUE Deputy Clerk.
| C. S. VGrian and C. c.. Dey, attorneys
| for plaintiffs.