The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-10-28
SUMMONS

IN THE DISTRICT COURT OF THE
| Third judicial district of the state OF
Utah. county of Salt Lake
\ Frank Knox and C. II. Jacobs. as re-
ceivers, plaintiffs. VS.. Damon G. Iunne-
clif, Sale Lake Hot Springs sanitarium
fBS aeon Franz saRei ii Ho dgGUh W WhTEsn
Holland, A NJ Grant. e H. Hackett. Fer
dinand Roys. Louis Hoberman, w. E
Hubbard. l.. E Clark. Frank w. Ross, as
trustee. and st. Anthony Union Canal
company. defendants, summons
The state of Utah sends greeting to Da-
Sanitarium company, James H. Bacon.
Harvey NJ. Bacon, Frank L. Holland. VIII
liam 3, Holland, A. NJ. Grant. e. H
man, W. r. Hubbard. l.. r. Clark, Frank
| w. Ross. as trustee, and St Anthony
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
, sersice) after the service on you of this
I 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, nc
cording 10 the prayer of said complaint
I The said action is brought to have de-
cree OF this court adjudging that defend
each Of them, be required tc account for
and turn over under order of this court,
Dr0QertV
of the Bank CT 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 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 TunnecIiff, and so
/ held and represented with the full knowl-
edge and consent of said Tunnecliff. and
that to the extent OF said sum OF 100000
and interest thereon said Tunnecliff has
no claim whatsoever upon the assets OF
said Bank of Salt Lake, and said James
in said bank are first paid in full with in
terest; adjudging further that the certiti-
cate for 9vo SHARES OF the capital stock
| issued to said Tunnecliff, be cancelled
and said 900 shares be decreed the prop
erty of these plaintiffs as receivers; adj
S2i shares of stock in the St Anthony
Union Canal Co, claimed to be held by
Tunnecliff, to be the property of plain
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 H. Bacon to said Tunneclif
or by any other person at instance OF
and void as to the depositors of s2id
! Bank of Salt Lake, and to be the prop
erty OF plaintiffs; to have al transfers
erty of James n. Bacon, ascertained and
adiudged fraudulent and void as to said
depositors, and decrsed to be the property
| of plaintiffs; pending this action to have
defendant Tunneclfff his agents, servants
and attorneys, enjoined and restrained
! from selling, assigning, transferring or
p!edging or in any manner incuu1bering
/ 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, 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 sucn injunction made
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
| (Seai.) 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. n SPRAGUE, Deputy Clerk
I for plaintiffs