45 - Equities of lienors to be determined.

§  45.  Equities of lienors to be determined. The court may adjust and  determine the equities of all the parties to the action and the order of  priority of different liens, and determine  all  issues  raised  by  any  defense  or  counterclaim  in the action. But in no case shall the court  determine any issue between the state and the contractor where  a  claim  has been or can be submitted to the court of claims for adjudication and  in case a counterclaim is set forth by any defendant in his answer, such  defendant  shall  be deemed to have waived a trial by jury of the issues  raised thereby.