§56-4-30. Same -- Plea in abatement for defects in writ or
return; variance from declaration; void process.
In other cases, a defendant on whom process summoning him to
answer in any suit or action appears to have been served shall not
take advantage of any defect in the writ or return, or any variance
in the writ from the declaration, unless such defect or such
variance be pleaded in abatement. And in the case of every such
defect or such variance, whether the same shall be pleaded in
abatement or not, the court may at any time permit the plaintiff to
amend the writ or the declaration so as to perfect the writ or
correct the variance, and may permit the return to be amended, upon
such terms as to it shall seem just. But nothing herein shall
deprive a defendant of any right which he has by the common law to
make a motion to quash process which is void; and if the process be
a void process, the suit or action shall be dismissed upon motion
of the defendant.