De Bonville v. Travelers Insurance Co.

The power of the courts under the summary-judgment statute (sec. 270.635) is drastic and should be applied only when it is perfectly plain that there is no substantial issue to be tried. Ryan v. Berger (1949), 256 Wis. 281, 40 N. W. (2d) 501. Summary judgment should be granted only when there is no substantial issue of fact or of permissible inference from undisputed facts to be tried. Braun v. Jewett (1957), 1 Wis. (2d) 531, 539, 85 N. W. (2d) 364. But disputed issues of fact which are immaterial to the questions of law presented do not afford a basis for denying the application for summary…