Questione giuridica chiave
Whether the state constitutional complaint was admissible despite the available but unused cantonal appeal
Decisione estratta
The complaint was inadmissible because the husband had not exhausted the available cantonal remedy.
Motivazione estratta
Under Art. 86 OG, constitutional complaints lie only against final cantonal decisions. The St. Gallen appeal to the Cantonal Court judge was available, and if the appeal waiver was invalid or the settlement unjust, those questions had to be raised there first.