§56-4-39. Pleading Several Defenses; Demurrer and Special Replications to Special Plea
The defendant in any action or suit may plead as many several matters, whether of law or fact, as he shall think necessary, except that if he plead the plea of non est factum he shall not, without leave of the court, be permitted to plead any other plea inconsistent therewith. To any special plea […]
§56-4-40. Commencement of Plea
No formal defense shall be required in a plea. It may commence as follows:"The defendant says that."
§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 […]
§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 […]
§56-4-27. Amendment to Cure Variance Between Pleading and Proof
If at the trial of any action or motion, there appears to be a variance between the evidence and allegations or recitals, the court, if in its opinion substantial justice will be promoted thereby, may allow the pleadings to be amended to conform to the proof.
§56-4-28. Continuance and Costs After Amendment
If substantial amendment of any pleading is made, the court shall enter such order as to continuance as shall seem fair and just. But the trial of an action at law shall not be continued to another term because of the filing of an amended declaration, or because of an amendment made for the purpose […]
§56-4-29. Plea in Abatement — Misnomer; Amendment Inserting Correct Name
No plea in abatement for a misnomer shall be allowed in any action; but in a case wherein, but for this section, a misnomer would have been pleadable in abatement, the declaration and summons may, on the motion of either party, and on affidavit of the correct name, be amended by inserting the correct name.
§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 […]
§56-4-31. Same — Plea in Abatement for Want of Jurisdiction
Where the declaration or bill shows on its face proper matter for the jurisdiction of the court, no exception for want of such jurisdiction shall be allowed unless it be taken by plea in abatement.
§56-4-32. Same — Verification of Plea in Abatement and of Non Est Factum; May Be Pleaded and Verified by Attorney or Agent of Defendant
No plea in abatement or plea of non est factum shall be received unless it be verified by affidavit. And in all cases, including those wherein the defendant is a corporation, the plea in abatement may be pleaded and verified by the attorney or agent of the defendant.