Facts
On February 8, 1977, Mrs. R. filed a complaint against B. for breach of honor with the president of the Pfäffikon district court. The investigating judge set a 20-day deadline for the plaintiff to produce the decision of the competent justice of the peace. It turned out that the request for conciliation had been submitted to the justice of the peace on March 7, 1977, i.e. after the expiration of the three-month period provided for by federal law.
The Pfäffikon district court dismissed the complaint on March 29, 1977. The Zurich cantonal court of appeal dismissed the plaintiff's appeal on May 16, 1977. A request for cantonal review was dismissed by the Zurich cantonal court of cassation on July 25, 1977. Mrs. R. filed a nullity appeal with the SCC.
Considerations
The SCC considered that the plaintiff had knowledge of the incriminated statements since November 10, 1976, and that the three-month period for filing a complaint had expired on February 10, 1977. According to cantonal law, the complaint must be filed with the competent district court and the request for conciliation must be submitted to the justice of the peace within the three-month period.
The plaintiff did not comply with this deadline, as she submitted the request for conciliation only after the deadline had expired. The SCC rejected the plaintiff's argument that she had been misled by the district court's decision of March…