Questione giuridica chiave
Whether the cantonal court arbitrarily found that the bank had not been duly summoned before enforcement proceedings.
Decisione estratta
Yes. The summons had in fact been served, so refusing to examine enforcement on that basis was arbitrary.
Motivazione estratta
The summons was pleaded and evidenced in the record; the lower court overlooked a proven fact. This vitiated both the reasoning and the result.