Respondent moves to dismiss the appeal in this case, and to affirm the judgment appealed from and to award damages on appeal, on the following grounds:
(1) That the record on appeal has not been sent up to the Supreme Court;
(2) That the appeal has not been diligently prosecuted,
(3) That the appeal was taken merely for delay;
(4) That no briefs on appeal have been served.
The case is here upon a short record. The appeal in this case was taken April 17, 1894, from the final judgment rendered April 4, 1894. The judgment was for the foreclosure of a lien upon shingles. No brief has been filed by the appellants or served upon the respondent up to this time,