Questão jurídica principal
Whether the cantonal president acted arbitrarily by disregarding evidence filed at the first hearing in summary proceedings.
Decisão extraída
Yes. The additional documents were admissible under cantonal procedure, and the appellate judge had to assess the case on the full record.
Fundamentação extraída
Art. 239(3) ZPO/AI required decision on the basis of the record, which included the documents filed at the hearing. Ignoring them contradicted the clear procedural rule and was arbitrary under Art. 9 BV.