Section 2-105 - Plenary proceeding.
§ 2-105. Plenary proceeding.
(a) Determination of an issue of fact.- In a controversy in the court, an issue of fact may be determined by the court.
(b) Transfer of determination to law court.- At the request of an interested person made within the time determined by the court, the issue of fact may be determined by a court of law. When the request is made before the court has determined the issue of fact, the court shall transmit the issue to a court of law.
(c) Order based on determination.- After the determination of the issue, whether by the court or after transmission to a court of law, the court shall enter an appropriate judgment or decree.
(d) Exception.- This section does not apply where the estate is administered under the jurisdiction of a court having general equity jurisdiction.
[An. Code 1957, art. 93, § 2-105; 1974, ch. 11, § 2.]