McKenzie v. Clear Lake Union Free High School District No. 1

The purpose of'the summary-judgment statute was primarily to discourage dilatory pleading and practice. Prime Mfg. Co. v. A. F. Gallun & Sons Corp. (1938) 229 Wis. 348, 281 N. W. 697.

The statute is drastic and should be applied only where it is perfectly plain that there is no substantial issue to be tried. Prime Mfg. Co. v. A. F. Gallun & Sons Corp., supra; Marco v. Whiting (1944), 244 Wis. 621, 12 N. W. (2d) 926; Parish v. Awschu Properties, Inc., (1945) 247 Wis. 166, 19 N. W. (2d) 276.

This court has held that defenses in abatement of an action may be raised by motion for summary judgment.…