There is in this State but one form of civil actions for the enforcement or protection of private rights and the redress or prevention of private wrongs.

In such action the party complaining is known as the plaintiff, and the adverse party as the defendant.

A question of fact not put in issue by the pleadings may be tried by a jury, upon an order for the trial, stating distinctly and plainly the question of fact to be tried; and such order is the only authority necessary for a trial.