Atlas Investment Co. v. Christ

The purpose to be served by the summary-judgment statute so far as it relates to motions by plaintiff, is to prevent interposition of false or frivolous answers for the purposes of accomplishing a delay in the securing of a just judgment. The statute is, however, drastic and is to be availed of only when it is apparent that there is no substantial issue to be tried. Prime Mfg. Co. v. A. F. Gallun & Sons Corp. (1938) 229 Wis. 348, 349, 350, 281 N. W. 697. It is not a substitute for a regular trial nor does it authorize trial of controlling issues on affidavits.

The answer in this case setg out…