Stegman

In 1942 appellant, to whom we shall hereinafter refer as Stegman, filed a petition in bankruptcy against appellee, hereinafter referred to as Knudsen, in the District Court for the Southern District of California. Knudsen answered and denied that Steg-man was a creditor. He cross-petitioned and asked that the court declare that the claims of Stegman were discharged in a former bankruptcy proceeding (No. 34,-989-C) instituted by Knudsen, andj also asked for injunctive relief. The district court granted Knudsen the relief asked in his cross-petition. Stegman has appealed.

The litigation between Stegman and Knudsen has been rather extensive and involved. In order to avoid confusion, we make reference to the several cases involved so they may be distinguished as they are referred to in this opinion.

There were three proceedings had in the Superior Court of California. In suit No. 1, which will be referred to as No. 363,482, a Mrs. Rozel Brown secured a default judgment' against Knudsen on a promissory note and for money loaned. In 1938 this judgment was- assigned to Stegman. In 1939 Stegman sued on this judgment and it was renewed. Knudsen made no appearance therein. This proceeding…