Appeal inadmissible against cantonal evidentiary orderKI-generiert

The bankruptcy estate of Ernst Schelling challenged a Thurgau Obergericht ruling in a dispute with widow Katharina Schelling over ownership of assets allegedly reserved under a 3 March 1891 transfer agreement. The cantonal court had not issued a final merits judgment on the ownership claim; it only required the widow to prove identity between the vindicated items and the reserved property, and allowed counterproof. The Federal Court held that, under Art. 58 of the Federal Judiciary Act of 22 March 1893, only final main judgments of the last cantonal instance are appealable. It therefore did not enter into the appeal.