The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-10-20


IN 1.-THE DISTRICT COURT OF THE
Third judicial district OF the state or
Gtah, county OF SAT- Lake
Frank Knox and c. Il jacobs, as re-
cliff. Salt Lake Hot Springs S1ni1ariul1n
s company. James H Bacon. HarNey ~.
Bacon, Frank La Hoilnnd, Wil-iam Is
Holland. a. NJ. Grant. L. II. Hackets, Fer
dinand Roys, Louis Hoterman, W. T.
Hubbard. L. Z. Clark, Frank W. Ross. as
trustee. and St. Anthony Union Canal
company, defendants. summons
The state of Utah sends greeting 20 Da-
mon e. Tunneclif. Salt Lake Hot Springs
Sanltarivm company, James + Ba sen
Harvey NJ; Bacon, Frank l. Holland, VII
liam 3 Holland, \. III. Grant r. H.
Hackett, Ferdinand Roys, Louis HobeT-
man, W. h Hubbard, l.. T. Clark, Frank
w. Ross, as trustee and St. Anthony
Union Canal company, defendants: GU 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 filed therein
within ten days exclusive of the day OF
service) after the service on you OF this
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-cr judgment by
default VIII be taken against you. nc
cording to the prayer of said complaint.
The said action is brought TO have q de-
cree of this court adjudging that defend
ants TGnnecliff, Bacon ana Holland and
each Of them, be required TO account for
I,
all and singular the assets and property
of the Bank of Salt Lake and of James
H Bacon. which have come into their
possession or control since the sale of the
assets of the American National bank to
said James II. Bacon: deereeing that the
500. 0OG capital represented by defendants
Bacon and Holland, as owners or officers
of the Bank of salt Lake, was in fact
the money of defendant Tunaecliff, and so
held and represented with the full knoWl-
edge and consent of said Tunneclin and
fhlf IN "a n rlf
and interest thereon said TunnecliR 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 Tor yvo snaTes OF me eaptal stock
issued 10 said Tunnecliff, be cancelled
and said eco shares be decreed the prop
judging further that the certificates for
S2i shares of stock in the st. Anthony
Union Canal Co, claimed to be held by
Frank L. Holland. as trustee. for said
Tunneclin, 70 be the property OF plain
tiffs and that said Holland be required TO
deliver TO plaintiffs the key 10 the box
containing said certificates; adJldsing all
other security given or transferred by
said James II. Bacon 10 said Tunneciim
or by any other person al 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 1OuHefliI OF prop
erty of James H. Bacon. ascertained and
adiudged fraudulent and void as to said
deposito-s, and decreed TO be the property
of plaintiffs; pending this action to have
defendant TunneciiR, his agents, servants
and attorneys. enjoined and restrained
from selling, assigning. transferring or
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-
spective officers and agents restrained
from transferring any stock upon the
books of said company standing in name
of defendants Bacon. Tunneclff. 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 Sanitariun 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-
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 18th day OF
August, in the year of our Lord one
thousand eight hundred and ninety
six.
c. e. STANTON. Clerk.
BY J. II. SPRAGUE, Deputy Clerk
C. 5 Varian and c. c. Dey. attorneys
for plaintiffs.