De Bonville v. Travelers Insurance Co.

7 Wis.2d 255 (1959)

DE BONVILLE, Appellant,

v.

TRAVELERS INSURANCE COMPANY, Respondent.[*]

Supreme Court of Wisconsin.

April 8, 1959.

May 5, 1959.

For the appellant there were briefs by Riley & Wahl of Eau Claire, and oral argument by Victor T. Wahl.

For the respondent there was a brief by Ramsdell, King, Carroll & Barland of Eau Claire, and oral argument by George Y. King.

BROWN, J.

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.…