§ 9-6-62.When granted; how issues of fact tried

This section sets the timing and trial mode for a quo warranto case. On timing, the rule is loose by design: the writ may be granted at any time, as long as the applicant makes a proper showing. There is no fixed filing window written into this section and no requirement to wait for a particular point in a court’s calendar.

On trial mode, the section draws a line between the writ itself and any factual fight it produces. If the case raises an issue of fact, that issue is tried the way equity cases are tried, not through the separate procedures that once governed ordinary law actions. That choice reflects quo warranto’s roots as an equitable remedy aimed at resolving who holds an office, rather than awarding damages.

Later sections in this article build directly on this equity framework — one adds a jury and a fixed trial window when facts are denied under oath, another sets a ten-day deadline for judges deciding pure legal questions. Section 9-6-62 supplies the baseline both of those provisions modify.