Joseph Drew et al. v. John Mason et al.

Mechanic’s lien—-for lightning rod. The statute does not give a lien to a party furnishing the materials and placing a lightning rod on a house, as this is neither building, altering, repairing, nor ornamenting the same.

Appeal from the Oircuit Court of Mason county; the Hon. Lyman Lacey, Judge, presiding.

*499This was a petition, by the appellants, against the appellees, to enforce a mechanic’s lien, for a lightning rod put upon a building. The court below sustained a demurrer to the petition, and dismissed the bill.

Mr. O. H. Wright, for the appellants.

Mr. S. C. Conwell, and Messrs. Dearborn & Campbell, for the appellees.

Mr. Chief Justice Scott

delivered the opinion of the Court:

Furnishing materials and labor in placing a lightning rod on a house, is not furnishing materials and labor “in building, altering, repairing or ornamenting ” a house, in the sense those terms are used in the Mechanic’s Lien Law.

The decree will be affirmed.

Decree affirmed.