Question juridique clé
Whether the constitutional subsidiary appeal was admissible or had to be converted into a civil-law appeal because the disputed value exceeded CHF 30,000.
Solution extraite
The ordinary civil appeal was available because the litigated amount before the cantonal court was CHF 43,413; the subsidiary constitutional appeal was therefore closed, but the filing was converted.
Motifs extraits
The value in dispute is determined by the claims still contested before the previous instance, not by those pursued before the Federal Court.