Key legal question
Whether the federal appeal was admissible against a cantonal order limited to taking evidence on identity of assets.
Extracted holding
No. The Federal Court held that only final main judgments of the last cantonal instance are appealable under Art. 58 of the Federal Judiciary Act of 22 March 1893.
Extracted reasoning
The challenged cantonal decision did not decide the merits of the ownership claim but merely allocated the burden of proof and allowed counterproof; it was therefore only an evidentiary order, not a final judgment.