is in -the city or State. Under our statute we think this would make no difference; for in neither case would paving tbe sidewalk be an improvement upon tbe real estate itself. In some States tbe courts have decided that if a bouse is built upon a street .and tbe cellar of tbe bouse extends under tbe sidewalk, a mechanic could have a lien for placing upon tbe sidewalk .an illuminating pavement. Perhaps this would be true under our statute; for tbe cellar would be part of tbe building erected upon tbe lot although it extended under tbe sidewalk, and tbe illuminating pavement would be an improvement thereon. There was nothing of the kind in this case. Tbe claim is simply for paving tbe sidewalk in tbe ordinary way. Tbe State of Iowa has a lien law expressed in almost tbe same words as those of our statute; and in tbe case of Coenen v. Staub, 74 Iowa, 32, 36 N. W. R. 877, it was held, under facts quite similar to those of tbe present case, that tbe improvement of a sidewalk was not upon tbe land sought to be charged and was for tbe public rather than private benefit, and that tbe statute gave no lien for paving a sidewalk.
•Judgment reversed.
All the Juslioes concurring.