BINGHAM, J.
In the court below Vazquez was adjudged a bankrupt on an involuntary petition purporting to allege an act of bankruptcy under section 3a (3), (being Comp. St. § 9587a (3), which reads as follows:
"Acts of bankruptcy by a person shall consist of his having * * * (3) suffered or permitted, while insolvent, any creditor to obtain a preference through legal proceedings, and not having at least five days before a sale or final disposition of any...
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