§56-4-25. Amended declaration or bill, supplemental bill or bill
of revivor in vacation.
The plaintiff may also, at any time before or after the
appearance of the defendant, in vacation of the court wherein the
action or suit is pending, file in the clerk's office an amended
declaration or bill, supplemental bill or bill of revivor in such
suit; whereupon the clerk shall issue a summons against the
defendant, requiring him to plead to or answer such amended
declaration or bill. But if the court shall be of the opinion that
the same was improperly filed, it shall dismiss such declaration or
bill at the cost of the plaintiff.