George Sutherland

“ A proceeding in bankruptcy has the characteristics of a suit, and since the denial of a discharge, or failure to apply for it, in a former proceeding, is available as a bar, by analogy the pendency of a prior application for discharge is available in abatement as in the nature of a prior suit pending, in accordance with the general rule that the law will not tolerate two suits at the same time for the same cause. ”

“ There the previous denial of a discharge had been in another court sitting in another state. This court held that, while an adjudication in bankruptcy, refusing a discharge, came within the rule of res judicata, the court in which the second proceeding was brought was not bound to search the records of other courts and give effect to their judgment. This is far from saying that the court may not take judicial notice of, and give effect to, its own records in another, but interrelated, proceeding, as this was. See In re Loughran, supra, 218 F. 621, 134 C. C. A. 377; Bienville Water Supply Co. ”

“ In re Warnock (D. C.) 239 F. 779; Armstrong v. Norris, 247 F. 253, 159 C. C. A. 347; In re Schwartz (D. C.) 248 F. 841; Horner v. Hamner, 249 F. 134, 161 C. C. A. 186, L. R. A. 1918E, 465; Monk v. Horn (C. C. A.) 262 F. 121. ”