Questão jurídica principal
Whether the federal appeal was admissible despite failure to exhaust the cantonal remedy of nullity complaint
Decisão extraída
The appeal was inadmissible because the appellant had not exhausted the cantonal instance chain and could have challenged the cantonal judgment by nullity complaint.
Fundamentação extraída
Before approaching the Federal Supreme Court, the cantonal remedies must be exhausted. The appellant had an available cantonal nullity complaint under which he could have raised the procedural and substantive objections now invoked.