¶1This was án action by the appellee against the appellants, to enforce a mechanic’s lien, and there was judgment in the circuit court for the plaintiff, from which the defendants appeal to this court. The errors assigned are, the overruling of a demurrer to the complaint, and the refusal to grant a new trial.
¶2We need only examine the first error assigned. The question involved is this, as stated in the brief of counsel for the appellee: “Will a mechanic’s lien attach for work done and materials furnished in the erection and construction of a pavement in front of,-and abutting upon, a lot and *218building, as in this case?” The statute provides that mechanics and all persons performing labor or furnishing materials for the construction or repair of any building may have a lien. 2 G. & H. 298, sec. 647. We cannot regard the making of a pavement in front of a lot as, in any sense, either the construction or repair of a building, within the meaning of the statute, and must, therefore, hold that the demurrer to the complaint should have been sustained.
¶3The'judgment is reversed, with costs, and the cause remanded. . -