Questione giuridica chiave
Whether the cantonal court could make admissibility of the appeal depend on payment of a cost advance in this case.
Decisione estratta
Refusing to hear the appeal solely because the advance was unpaid was arbitrary in the circumstances; the court should have dispensed with the advance.
Motivazione estratta
Section 73 VRP/SZ is discretionary. Given that the appellant had been interdicted because of mental illness and inability to conduct proceedings, it was untenable to insist on a cost advance in the very proceedings challenging that interdiction.