Facts
S. AG filed a claim against Margrit D. for payment of CHF 31,850.-- plus interest and costs of the payment order. The District Court of Horgen dismissed the claim. The plaintiff appealed this judgment to the High Court of the Canton of Zurich, which also dismissed the claim. The plaintiff lodged an appeal against the judgment of the High Court with the Federal Supreme Court.
Considerations
The Federal Supreme Court did not enter into the appeal, as the reasoning of the appeal largely coincided verbatim with that of the cantonal nullity appeal. According to established case law, two federal legal remedies may not be combined, but must be filed and substantiated separately. An inadmissible circumvention of this case law exists if two legal remedies are filed in separate submissions, but with the same reasoning, and moreover, complaints of one legal remedy are mixed with those of the other.
The Federal Supreme Court further stated that it is not solely the coinciding reasoning that makes the legal remedies inadmissible. Rather, each legal document must be examined to determine whether it raises complaints that are generally admissible within the framework of the respective legal remedy and meet the respective substantiation requirements. However, it must be held that due to the…