Questão jurídica principal
Whether St. Gallen courts had jurisdiction under Art. 59(1) BV despite the defendant's move to Graubünden.
Decisão extraída
Jurisdiction existed because Schädli had no proven fixed domicile in another canton at the relevant time; his temporary stay in Maienfeld did not suffice.
Fundamentação extraída
For a fixed domicile, a transient factual stay is insufficient; there must also be the intention to make the place the permanent center of activity. The record showed no such intention, no deposit of papers in Maienfeld, and only a temporary refuge from the paternity claim.