# McClatchy v. Superior Court of Sacramento

> California Supreme Court · December 27, 1897 · 119 Cal. 413

URL: https://www.frixlaw.com/law-library/cases/5448960

## Case

- **Full name:** CHARLES K. McCLATCHY v. SUPERIOR COURT OF THE COUNTY OF SACRAMENTO, A. P. CATLIN, Judge
- **Court:** California Supreme Court
- **Decided:** December 27, 1897
- **Citations:** 119 Cal. 413; 51 P. 696
- **Precedential status:** Published
- **Opinion:** Concurrence by McFarland
- **Judges:** Beatty, Fleet, Harrison, McFarland
- **Cited by:** 62 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5448960

## Opinion text

McFARLAND, J., concurring.
I concur in the judgment annulling the order under review. The case is a very close one; but I think that the alleged contempt rested ultimately upon the asserted fabrication and publication by petitioner of false testimony and his persistency in restating this version of the same as true. This being so, he should have been allowed to introduce such evidence as he had to the point that his publication of the testimony was a fair and correct statement of it. The court declined to hear any evidence from him on that subject; and the weight of authority is to the point that this ruling, being a denial of appellant’s right to make a defense, goes to the jurisdiction and is reviewable on certiorari. If petitioner had been allowed to introduce the offered evidence the case would have presented no difficulties.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5448960. Public record. Not legal advice.