¶1The Code abolishes the distinction only as to form; only as to the mere practice. The great principles of law and equity, as they existed in our jurisprudence at the adoption of our Constitution, are untouched. Besides, the *19power of altering the common law, in any respect, is expressly conferred upon the legislature by the Constitution.
¶2As at present advised I must overrule the demurrer as frivolous.