§56-4-11. Transfer of cases from law to equity and vice versa.
No case shall be dismissed simply because it was brought on
the wrong side of the court, but whenever it shall appear that a
plaintiff has proceeded at law when he should have proceeded in
equity, or in equity when he should have proceeded at law, the
court shall direct a transfer to the proper forum, and shall order
such change in, or amendment of, the pleadings as may be necessary
to conform them to the proper practice; and, without such
direction, any party to the suit shall have the right, at any stage
of the cause, to amend his pleadings so as to obviate the objection
that his suit or action was not brought on the right side of the
court. After such amendment has been made, the case shall be
placed by the clerk on the proper docket of the court and proceed
and be determined upon such amended pleadings. The defendant shall
be allowed a reasonable time after such transfer in which to
prepare the case for trial.