Key legal question
Whether the constitutional complaint was admissible without a final cantonal decision
Extracted holding
No. The challenged decision was not issued by the last cantonal instance because an appeal to the Aargau High Court was still available.
Extracted reasoning
Under Art. 113 BGG, only decisions of the last cantonal instance may be attacked by constitutional complaint. Since the complainant could still appeal under §§ 335 ff. ZPO/AG, the Federal Supreme Court could not enter into the complaint.