“ The distinction between actions at law and suits in equity, and the forms of all such actions and suits formerly existing, is abolished, and in their place there is but one form of action, called a civil action. ”

“ Actions are of two kinds—civil and criminal. A civil action may be commenced in a court of record by filing in the office of the clerk of the proper court a petition, and causing a summons to be issued thereon. The petition must contain the name, surname and place of residence of plaintiff and defendant; a clear statement of the cause of action and a prayer for judgment in conformity with the allegations of the petition, and must be signed either by the plaintiff or his attorney. Summons is then issued, addressed to the defendant. ”

“ It is the right of the infant, if over fourteen years of age, to nominate his own guardian, who must be present and consent, in writing, to be appointed, otherwise the justice may appoint any suitable person who gives such consent. ”