Questão jurídica principal
Whether the federal appeal was admissible against a conditional cantonal judgment
Decisão extraída
The appeal was premature because the cantonal court had not yet rendered a final, unconditional judgment on the merits.
Fundamentação extraída
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.