APPEAL from the Supreme Court of Missouri; the case being thus:
The constitution of Missouri ordains:
'That the right of trial by jury shall remain inviolate.'
The code of the same State enacts:
'There shall be in this State but one form of action for the enforcement or protection of private rights, and the redress or the prevention of private wrongs, which shall be denominated a civil action.
'Suits may be instituted in courts of record by filing in the office of the clerk of the proper court, a petition setting forth the plaintiff's cause or causes of action, and remedy sought, &c.
'The first pleading on the part of the plaintiff is the petition, which shall contain: (1.) The title of the cause, specifying the name of the court and county in which the action is brought, and names of parties to the action, plaintiffs and defendants. (2.) A plain, concise statement of the facts constituting a cause of action, without unnecessary repetition. (3.) A demand of the relief to which a plaintiff may suppose himself entitled.
'The only pleading on the part of the defendant is either a demurrer or an answer.
'SECTION 6. The defendant may demur to the petition when it shall appear upon the face thereof, either (1) that the court has no jurisdiction of the person of the defendant, or the subject of the action; or (2) that the plaintiff has no legal capacity to sue; or, &c., &c.
'SECTION 10. When any of the matters enumerated in section six (the last quoted section) do not appear upon the face of the petition, the objection may be taken by answer. If no such objection be taken either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court over the subject-matter of the action, and excepting the objection that the petition does not state facts sufficient to constitute a cause of action.'