Question juridique clé
Whether the constitutional complaint was admissible despite the available and used cantonal nullity appeal.
Solution extraite
The complaint was inadmissible because the cantonal instance had not been exhausted for the grievances raised.
Motifs extraits
The challenged arguments could also have been raised in the cantonal nullity appeal under § 281 ZPO; since that remedy covered the complaints, the federal constitutional complaint was not available at this stage.