The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-10-17
SUMMONS.

IN THE DISTRICT COURT OF THE
Third judicial district OF the state OF
Utah, county of Salt Lake
Frank Knox and c. ID. Jacobs, as re-
'ceivers, plaintiffs, VS.. Damon G. Tune
cliff, Salt Lake Hot Springs Sanitarinm
company, James Il. Bacon, Harvey NJ.
Bacon. Frank L. Holland, William B.
Holland. A. NJ Grant. E. H. Hackett, Fer
dinand Roys, LOUIS Hoberman, W. Z.
hubbard, l.. Z. Clark, Frank W. Ross, as
trustee, and st. Anthony Union Canal
company, defendants, summons
The state OF Utah sends greeting to Da-
mon G.. Tunneclitf, Salt Lake Hot Springs
SSSanltarlum company James r. Bacon aeon
Harvey NJ Bacon, Frank l.. Holland, VIII
liam b. Holland, a NJ. Grant, e. H.
Hackett, Ferdinand Roys, Louis Hober-
man, w. r. Hubbard. L. y. Clark. Frank
Union Canal company, defendants: You are
hereby required to appear in an action
brought against you by the above named
plaintiffs in the district court of the Third
judicial district of the state of Utah, and
TO answer the complaint filed therein
within ten days exclusive of the day Of
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 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 Tunnecliff, 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 10
said James II. 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 Tunnecliff, and so
held and represented with the full knowl-
edge and consent of said Tunneclif1 and
that to the extent of said sum of 100000
and interest thereon said Tlnneciiff has
no claim Whatsoever upon the assets of
said Bank of Salt Lake. and said James
II. Bacon, until each and all depoSitors
III said bank are first paid in fun with in
terest; adjudging further that the certifi
cate for 800 shares of the capital stock
in defendant s. l.. Hot Springs San. Co.
and said 500 shares be decreed the prop
erty of these plaintiffs as receivers; adj
judging further that the certificates for
S2i shares of stock in the st. Anthony
Union Canal Co., claimed to be held ~
Frank l.. Holland, as trustee. for said
Tunnecliff, to be the property of plain-
tiffs. and that said Holland be required TO
deliver to plaintiffs tue 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 az instance of
said James Fl. Bacon, to be fraudulent
and void as to the depositors of se;d
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
adjudged fraudulent and void as to said
deposito-s. and decreed to be the property
of plaintiffs: pending this action to have
and attorneys, enjoined and restrained
from selling, assigning, transferring or
pledging or In any manner incumberang
the stock held or claimed by him in s. l..