Commercial Discount Corp. v. Milwaukee Western Bank

We have often stated that summary judgment is a drastic remedy and is not a substitute for demurrer, judgment on the pleadings, or a motion to make a pleading more definite and certain. Of course, summary judgment should not be granted where the material facts are in dispute or permit inconsistent inferences as to necessary ultimate facts. We have even said that a trial court, in the exercise of its discretion, need not in all cases decide questions of law upon a motion for summary judgment.

The summary judgment statute vests discretion in the trial court as to whether the case should be…