Question juridique clé
Whether the constitutional complaint was admissible against the cantonal eheschutz decision
Solution extraite
The complaint was admissible as a constitutional complaint because such decisions are not final judgments appealable by ordinary appeal.
Motifs extraits
Upper cantonal eheschutz decisions are not end decisions under Art. 48 Abs. 1 OG; therefore only a constitutional complaint for violation of constitutional rights is available.