Hintz v. Zion Evangelical United Brethren Church

Ever since Prime Mfg. Co. v. A. F. Gallun & Sons Corp. (1938), 229 Wis. 348, 281 N. W. 697, we have invariably followed the rule that the summary-judgment statute should be applied only where it is perfectly plain that there is no substantial issue of fact to be tried. The statute does not authorize the trial of contested *443issues on affidavits. No more does it authorize trial of such issues on adverse examinations. On motions for summary judgment the court merely decides whether the case presents facts to be tried by a jury. Prime Mfg. Co. Case, supra, page 355.

Plaintiffs’ actions are grounded…