What is the test for the purpose of setting the question down?

Given the circumstances which prevailed here, and having regard for the operational requirements of the rule as set out in Stagman v. Hamm, the answer to the question was virtually predictable in light of the plaintiff's pleadings, especially paragraph 4(A). While it might be said of this paragraph that it is mere characterization, or more in the nature of argument than statement of fact, nevertheless its existence made it virtually impossible for the issue to be decided adverse to the plaintiff. The chances of the case having to go trial were therefore very high, and so the purposes of the rule were foreseeably more apt to be defeated than achieved by setting the question down.