
    Diedrich Scheffer, Respondent, v. John H. Plate, Appellant.
   Order reversed upon the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. In our opinion the plaintiff failed to bring himself within the provisions of the Civil Practice Act authorizing the appointment of a receiver. Kelly, P. J., Jaycox, Kelby, Young and Kapper, JJ., concur. 
      
       See Civ. Prac. Act, § 974 et seq.— [Rep.
     