The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-10-06

dinand Roys, Louis Hoberman, W. E.
Hubbard, L. Z. Clark, Frank ". Ross, as
trustee, and ST. Anthony Un.on Canai
company, defendants, summons
Inc state OF Csah sends greeting to Da-
mon G. Tunnecl-n, salt Lake Hot Springs
Sanitarium company. James Il Baeon,
liam b. Holland, a. NJ. Grant, E. II.
Racket, Ferdinand Roys Louis Hober-
man, w. Z. Hubbard, L. Z. Clark, Frank
w Ross. as trustee. and ST. Anthony
hereby required 10 appear in an action
brought against you ~ the aUoNe named
pialntims in The district court OF the Third
Judicia. district of the state of y tah, and
10 answer the complaint fled therein
within ten days exclusive of the day of
serVIce) after Inc service on you of this
SummonS-if served within this county;
"; T. ed ou. oI tn.s county, but IN
this district within twenty days; other
wise within forty dayS-or judgment by
default will be taken against you, ac-
The said action is brought TO have a de-
cree of this court adjudgIng that defend
ants TunnecIlH, Bacon ana HO.-and and
each or them, be 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 on or control since the sale of the
assets of the American National bank TO
said James h. Bacon; decreelng that the
800 go CAPITA represented by defendants
of the Bank of salt Lake, was in fact
The money OF defendant Iunneciff, and so
he'd and represented with the full knowl-
edge and consent of SAID Tunneclm, and
that 10 the extent OF said sum OF 800 600
and interest thereon said Tunneciiff has
no claim whatsoever upon the assets of
said Bank of Salt Lake, and said James
n. Bacon, unul each and all depositors
in said bank are first paid in full with in
terest; adJudSlng further that the certih-
cate for $40 shares OF me capital stock
in defendant S. l.. Hot Springs San Co
issued to said Tunneclifr, be cancelled
ana said $50 shares be decreed the prom
erty of these Plaintiffs as receivers; ad-
judging further that the certificates for
81 shares of stock in the St. Anthony
Union Canal Co., Gained to be held UV
Frank L. Holland, as trustee, for said
tiffS, and that said Holland De required TO
denver 10 p4ainliffs the key TO the box
containing said certificates; adjudging ali
otner 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
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 Tape- H. Bacon ascertained and
adjudged fraudulent and void as to said
deposito-s, and decreed to be the property
of plaintiffs. pending this action 10 have
defendant Tunnecliff, his agents, servants
and attorneys, enjoined and restrained
from selling, assigning, transferring or
p-edging 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-
spective officers and agents restrained
from transfer 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 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 male
perpetual; 10 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 will
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 for
(Seal.) the state Of Utah this 2Sth day of
August, in the year of our Lord one
thousand eight hundred and ninety
C. E. STANTON. Clerk.
By ]. H. SPRAGUE, Deputy Clerk.
C. S. Varian and C. C. Dey, attorneys
for plaintiffs