Trial Held if Fact Questions Raised

If an answer be made, which raises a question as to a matter of fact essential to the determination of the motion, and affecting the substantial rights of the parties, and upon the supposed truth of the allegation upon which the application for the writ is issued, the court may, in its discretion, try the question or order the question to be tried, and postpone the argument until such trial can be had, and the decision certified to the court unless the trial is held in the court before which the writ is pending. The question to be tried must be distinctly stated in any order for trial, and the court must be designated in which the same shall be had. The order may also direct the judge to assess any damages which the applicant may have sustained, in case they find for him.