Questione giuridica chiave
Whether the federal appeal was admissible against a conditional cantonal judgment
Decisione estratta
The appeal was premature because the cantonal court had not yet rendered a final, unconditional judgment on the merits.
Motivazione estratta
The cantonal decision depended on whether the plaintiff would take or refuse the cleansing oath. Only once that fact was established would the judgment become final. Until then, the dispute had not been definitively decided, so there was no main judgment within the meaning of Art. 29 O.G.