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HINTZ v. ZION EVANGELICAL UNITED BRETH. CHURCG

13 Wis.2d 439 (1961)

HINTZ, Respondent, v. ZION EVANGELICAL UNITED BRETHREN CHURCH, Appellant. FISCHER, Respondent, v. SAME, Appellant.

Supreme Court of Wisconsin.

May 2, 1961.

Attorney(s) appearing for the Case

For the appellant there was a brief by O'Neill, Boyle & McIntyre of Fond du Lac, and Louis L. Croy of Manitowoc, and oral argument by Edward T. O'Neill.

For the respondents the cause was submitted on the brief of Clark, Rankin, Nash, Emmerling & Spindler of Manitowoc.

BROWN, J.

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 issues on affidavits. No more does it authorize trial of such issues on adverse...

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