Questão jurídica principal
Whether the reform appeal was admissible against the cantonal judgment rejecting the action only as to two co-defendants.
Decisão extraída
No. The challenged ruling was a partial judgment in a subject-matter joinder, not a final decision, and the conditions for immediate appeal against such a partial judgment were not met.
Fundamentação extraída
Because the action was brought after the testator’s death, the widow and children were not procedural successors but facultative co-litigants. The continued proceedings against only one co-defendant would not materially affect the evidence to be taken, so the rationale of Art. 50 OG was not satisfied.