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LOWREY v. MALKOWSKI

Gen. No. 47,620.

23 Ill. App.2d 371 (1959)

163 N.E.2d 528

Beatrice Lowrey, formerly Beatrice Janowiak, Linda Louise Lowrey and Jeffrey James Lowrey, Both Infants, by Beatrice Lowrey, Their Mother and Next Best Friend, Plaintiffs-Appellants, v. Edward and Theodore Malkowski, d/b/a Mooney's, William H. Frankenberg, d/b/a Four-4's Tavern, Peter Czerwieniec, d/b/a Liquor Town Lounge, Tom Thumb Snacks, Inc., a/k/a Kildare Inn, Stephen Telow, d/b/a S & P Tap & Liquors, Defendants-Appellees.

Appellate Court of Illinois — First District, Third Division.

Released for publication January 29, 1960.

Attorney(s) appearing for the Case

Irving Eisenberg, of Chicago (Paul I. Baikoff, of counsel) for appellants.

Brody and Gore, Duffy and Connell, McKinley and Price, and Heineke, Conklin, and Schrader, all of Chicago, for appellees.

PRESIDING JUSTICE BRYANT delivered the opinion of the court.

This is a suit arising under the Dram Shop Act (Ill. Rev. Stat. 1957, Chap. 43, sec. 135) for failure of support by the husband, brought by Beatrice Lowrey, for herself and on behalf of her two minor children. She obtained a divorce from the husband-father of the children, on the grounds of habitual drunkenness, the decree reserving jurisdiction as to alimony. Subsequently she obtained a judgment order against...

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