Questão jurídica principal
Whether the cantonal court acted arbitrarily by requiring the appellant to substantiate and make credible the timeliness of his appeal.
Decisão extraída
The appellant had to substantiate and support with evidence when he actually learned of the first-instance judgment; the cantonal court did not act arbitrarily in finding the appeal deadline not met and in refusing to enter on the appeal.
Fundamentação extraída
Deadlines are procedural prerequisites examined ex officio, but the parties must introduce the facts supporting admissibility. Under Art. 8 ZGB, the party invoking timely exercise of a right bears the burden of proving the relevant time facts unless the failure of proof is attributable to the authorities. No special rule or authority-caused impediment was shown here.