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We granted leave to appeal in this case because of a conflict in decisions of the appellate court. The issue concerns the relation back of an amended complaint to the date of the filing of the original complaint, and the question arises under section 14 of article VI of the Liquor Control Act, (popularly known as the ""Dram Shop Act"") which provides that actions under it ""shall be barred unless commenced within one year next after the cause of action accrued."" The statute also provides that an action for loss of support by reason of intoxication is to be brought in the name of the person who furnished the support, but that any recovery is ""for the exclusive benefit"" of those who received the support. Ill. Rev. Stat. 1959, chap. 43, par. 135. The original complaint in this case was filed on August 12, 1960, by ""Lucille Simmons, Helen Jean Simmons, Joseph Lee Simmons, Stephen Bryan Simmons and Ted Simmons, minors, by Lucille Simmons, their mother and next friend."" It alleged that on October 3, 1959, Leroy Simmons, the husband and father of the plaintiffs, became intoxicated after drinking liquor sold or given to him in taverns owned or operated by the defendants; that while intoxicated he provoked an altercation with another patron, whom he shot and killed; that he was subsequently convicted of murder and sentenced to prison, and that as a result the plaintiffs were deprived of their means of support. A second amended complaint, filed on December 17, 1962, named Leroy Simmons as plaintiff, suing ""for the use and benefit of"" his wife and minor children. After motions to dismiss were filed, the court granted leave to file a third amended complaint. This pleading, filed on February 4, 1963, contained two counts. Count I was filed by the original plaintiffs. Count II alleged the basic facts set forth in the original complaint, but it was filed by Leroy Simmons as plaintiff, ""for the use and benefit of"" his wife and minor children.

Professional & Technical
May 20
LawApp Publishers

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