The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-10-16
SUMMONS.

IN THE DISTRICT COURT or IKE
Third Judicial alstrict 81 the state OF
I tan. county OF SAT- Lake
Frank Knox and c. ii. Jacobs, as re-
ceivers, pialndfts, VS.. Damon G. Tunfe-
cliff, Salt Lake Hot Springs Sanstariun
company, James II: Bacon. Harvey N
Holland. A. NJ. Grant. E. II. HacketIs Fer
dsnand Roys, Louis hoberman, w. H.
hubbard. L. E. Clark, Frank w. Ross. as
trustee, and St. Anthony Union. Canal
company, defendants. summons
The state of Utah sends SreeLng to Da-
mon G. Tunneclin, salt Lake Hot springs
Harvey ii. Bacon, Frank L. Holland. VIII
lam u Holland, a; NJ Grant, p. II.
Hackett, Ferdinand Roys,. Louis Hooer-
man, ". e. Hubbard l.. L. Clark, Frank
w. Ross, as trustee, and st, Anthony
Union Canal company, defendants: Y GU are
hereby required to appear in an action
plaintiffs in the district court of the Third
judicial district of the state OF Utah. and
10 answer the complaint filed therein
within ten days (eXeAusive OF the day OF
serVlce) after the service on you OF this
sumnonS--n 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 will be taken against you, &C
eording 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
.
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 81. Bacon; decreelng 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 Tunnecliff, and
and interest thereon said Tunneclff 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 certih-
! cate for $50 shares OF the capital stock
/ issued to said Tunneciiif be cancelled,
/ and said 800 shares be decreed the prop
( judging further that the certificates for
S2l shares of stock in the st. Anthony
! Union Canal Co., claimed to be held by
Frank l. Holland, as trustee, for said
\ tiffs. 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 II. Bacon to said Tunnecliff
| 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
/ erty of plaintiffs: to have all transfers
4 of real estate to said Tunneclin of prop
! erty of James II. 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
4 defendant Tunnecliff, his agents, servants
I and attorneys, enj0ined and restrained
! from selling, assigning, transferring OF
/ p.edg1nS or in any manner incumbering
! the stock held or claimed by him in S. H.
/ 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
4 of defendants Bacon, Tunnecliff. 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 sucli injunction made
/ perpetual 20 have receiver appointed
4 of said Sanitarium Co., to have plain
| tiifs ordered 10 take possession of said
| property, and for other relief And you
are hereby notified that if you fail to APP
pear and answer. the said complaint as
above required, the said plaintiff viii
therein.
Witness, the honorable judges. anc
the seal of the district court of the
Third judicial district in and for
(Seai.) the state of Utah. this 2Sth day Of
August. in the year of our Lord one
thousand eight hundred and ninety
six.
c. z. STANTON. Clerk.
BY ]. II. SPRAGUE, Deputy Clerk.
G. s. Varian and c. c. Dey attorneys
for plaintiffs.