§56-4-26. Amendment after demurrer is sustained.
If a demurrer be sustained to a declaration or bill, the
plaintiff, upon giving notice to the defendant or defendants who
have appeared or to their counsel, may file an amended declaration
or bill at any time within the term at which the demurrer was
sustained; and thereupon the cause shall proceed as if such amended
pleading had been filed at the time when the original declaration
or bill was filed; but the court shall allow the defendant a
reasonable time to plead to or answer such amended declaration or
bill. The plaintiff may, if he so elect, have the cause remanded
to rules for amendment.