Key legal question
Whether the Federal Supreme Court could hear an appeal against a cantonal ruling that declined jurisdiction in divorce proceedings.
Extracted holding
No. Under Art. 58 para. 1 O.G., federal appeal lies only against final merits judgments of the last cantonal instance, not against procedural rulings on jurisdiction.
Extracted reasoning
A decision on the court's competence is a preliminary procedural question. Even if it ends the case in that instance, it is not a main judgment because it does not finally decide the substantive claim.