Whether the cantonal non-contentious appeal under Art. 489 CPC was open against the peace judge's letter fixing an incidental hearing instead of resetting the preliminary hearing.
The appeal was not open because the judge had not refused to decide or taken an act causing a suspension amounting to a denial of justice.
The first judge had already rejected the appellant's request to strike the third-party notice and had merely organized the procedure to decide the respondent's incidental request; this was not a refusal to act under Art. 489 CPC.