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Actions are divided only into two kinds, namely, criminal and civil. A criminal action is prosecuted by the state, as a party, against a person charged with a public offense, for the punishment thereof. Every other action is a civil action. In common parlance, however, writs of mandamus, certiorari, habeas corpus, are not comprised by the expression, civil actions. An action brought to enforce a civil right; an ordinary action as distinguished from a criminal action, or a special proceeding. Any proceeding in a court of justice by which an individual pursues that remedy which the law affords him.
