The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-06-27
JUDGE TAYLOR REVERSED
House Subject TO Mechanics Lien for
Work on Sidewalks and Fences.
Suit of Gapen Against the Meridian Bank
Given Another Turn-Last Week of
Work in the courts.

In November of last year Judge Taylor
announced decision in suit before him
to foreclose mechanic lien which caused
considerable comment at the time from the
fact that the lien was held invalid and 1t
was decided that g. lien would not attach on
q walk. The decision was gwen In the
case OF Obadiah Baker against w. Lark
tree and wife and the decision was ap-
pealed from and yesterday morning the
court In general term reversed the decision
and remanded the cause for q new trial.
The opinion in general term was written by
Judge Bartholomew. Obadiah Baker sued
the defendants. alleging that they were the
owners Of Lot SO. in Lazarus d Peirce's
addition to the city of Indianapolis and
that they contracted with one Webb
to erect dwelling house, and other i'm
provements thereon. The plaintiff furnished
bricks to Webb. and alleged that all of the
bricks were used In making the improve
ments upon the property described. The
plaintiff had filed and recorded notice OF
his In tent ion TO hold u mechanics lien upon
the property for 80. the amount due for
the material furnished. The defendant filed
an answer in general denial. and pro-
pounded interrogatories to the plaintiff,
which were answered as follows:
That the bricks were used in laying a walk
in the yard around and adjacent to said
house located on the lot described in the
complaint. The case came on for trial.
and the court gave judgment for the de-
PENDANT. The plaintiff moved the court to
modify the Judgment and foreclose the
lien for the amount due for bricks used In
laying the walks in the yard. which was
S5.1S. the balance Of the claim being for
brick used in laying the walk IN front of
the house. The court overruled the mo-
ton, and entered Judgment for the defend
~ e ~hx~t~
reversing Judge Taylor. after setting out
the mechanics lien law in full. was as fol-
lows:
I'm the construction of statute effect
should always be given to the intent gov
erning the Legislature In the enactment.
and when the intent appears on the face of
or in the law itself courts should carry ont
such intent so far az the same can be done
consistently with the law. The above law
was made, as shown by its language to
protect labor and material men. and to Sc
cure for them payment for labor and mate
rial furnished In the cases specified.
including any kind of q structure.
and should be Literally construed.
q person furnishing material or performing
labor in its making 10 entitled to lien on
the same and also on the lot which it is
placed az well as the buildings with which
it is connected. am of the opinion that
the word erected should be construed as
including the words build and make;
when building is constructed. formed or
built it is erected.
"A structure is the result of the fitting to-
gether and adjustment Of parts according
TO definite plan. and l am firmly of the
opinion that q sidewalk built and con-
structed In connection with dwelling
house 10 structure and that mechanic
who does labor In making it and the man
who furnishes the material are both en-
titled to the benefit of the mechanics hen
law. Hence / conclude that the court be-
low erred In overriding the plaintiffs
give him q lien for the SG.7S and attorneys
fees and foreclosure, etc. This cause Is
remanded to the oourt below in special
term, with instructions TO set aside the
Judgment below and to modify the same in
conformity with this opinion"