Key legal question
Whether the Nidwalden court had territorial jurisdiction under Art. 59 BV in a paternity maintenance claim.
Extracted holding
The domicile forum under Art. 59 BV would have applied, since the paternity claim is a personal claim and the civil action became pending only when the complaint was served; at that time Suppiger already had a fixed domicile in Kehrsatz.
Extracted reasoning
The Court distinguished the criminal complaint from the civil paternity claim and held that mere pregnancy notification did not create lis pendens for the civil claim. Because service occurred only on 22 March 1894, the respondent was already domiciled in another canton.