When a proceeding under this chapter involves the determination of an issue of fact,
such issue may be tried and determined in the same manner as issues of fact are tried
and determined in other civil actions in the court in which the proceeding is pending;
provided, that any issue of fact for which a jury trial is not required may be brought
on for trial at any special term of the court in like manner as an issue of law unless
there is a general term of the court at which such issue of fact may be tried as soon
as at such special term.
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