The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-10-03

dinand Roys, Louis Hoberman, W. E.
Hubbard, L. E. Clark, Frank w. Ross IS
trustee. ana ST. Anthony Union CANA
company, defendants, summons
The state OF U sah .senos g4eel.ng to Da-
mon G. Tunneci-l. salt Lake Hot Springs
SanitariGm company James II Bacon,
nary ey NJ. Bacon. Frank l. Holland, VII
lam 3, Holland. a: M Grant, l. H.
Hackett, Ferdinand Roys, Louis Hober-
man, W. Z. Hubbard l.. r. Clark, Frank
W. Ross, as trustee, and st. Anthony
Union Ca al company, oefs nd4nts: { u a. e
HEREBY required 20 appear in an action
Drougnt against you ny The ABOVE named
pla.ntiffs in The district court OF the Third
judicial district of the stale OF y .ah, and
10 answer the complaint fl ed therein
within len days texc-uSlse OF the day OF
serY4ce) after .ne serS ice on you of tbs
summons-if served within this county
q. led ~. vi tn.s county, Oh N
this district, within twenty days; other
wise W-tn4n forty dayS-Or judgment by
default VIII be taken against you, ac-
corning 10 the prayer OF sad complaint.
The said action IS brought 10 have a de-
cree of Tins court adjUdging that defend
ants TunnecAtt, Bacon anu Hol.and and
eacn OF them, De required 10 account for
and turn over under order of this court
ali and singular the assets and property
of the Bank of Salt Lake and of James
H. Bacon, which nave come into Their
possess.o or controI since the SAFE of The
assets OF the American Nauonai bank 10
said James h. Bacon; decreeihg that the
Sl0U eco CAPITA represented by defendants
Bacon and holland DIS owners or oncers
of the Bank OF salt Lake, was in fact
me money Of defendant Tunnec.iff and so
he'd and repl esented with the full knoWI-
edge and consent of said TunnecAff, and
that TO the extent of SAID sum Of Slut, 700
and interest thereon said Tunnecliff has
no claim whatsoever upon the assets OF
said Bank of Salt Lake, and said James
II. Bacon, untll each and all depositors
in said bank are first paid in full with in
terest; adjudging further that the certifi-
cate for YuO snares OF the capital STOCK
in defendant S. L. Hot Springs San. Co.,
issued to said Tunneclin, be cancelled
erty of these plaintiffs as receivers; ad-
judging further that the certificates for
824 shares of stock in The st. Anthony
Union Canal Co, Gained TO be held by
Frank l.. Holland. as trustee, for said
Tunnecliff, to be the property of plain
tiffs. and that said Holland be required to
denver to Plaintiffs the key TO the box
containing said certificates; adjudging all
other security given or transferred by
said James H. Bacon to said Tunnecliff
or by any other person at instance of
said James H. Bacon, TO be fraudulent
and void as to the depositcrs of said
Bank of Salt Lake, and to be the prop
erty OF plaintiffs; to have all transfers
of real estate to said Tunneclim of prop
erty of James H. Bacon. ascertained and
adjudged fraudulent and void as to said
depositots, and decreed to be the property
of plainriffs; pending this action to nave
defendant Tunneciff, his agents, servants
and attorneys, enjoined and restrained
from selling, assigning, transferring or
pIedging 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 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; TO have a receiver appointed
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 viii
apply to the court for the relief demanded
therein.
Witness, the honorable judges. anC
the seal of the district court of the
Third judicial district, in and fol
| (SeaI) the state of Utah. this 18th day oil
August in the year of our Lord one
thousand eight hundred and ninety
six.
C. E. STANTON, Clerk
By ]. H. SPRAGUE, Deputy Clerk.
c. S. Varian and c. c. Dey, attorneys
for plaintiffs.