SEC. 93-1-7. Protest against issuance of license.
Any interested party shall have the right to contest the issuance of a marriage license, provided such party files a written protest in the circuit or chancery court of the county wherein the license is being sought, naming as parties the circuit court clerk of such county and the parties to the application. Upon the filing of such written protest, a summons shall be forthwith issued thereon for the parties defendant, except that in the case of the filing thereof in the circuit court, it shall not be necessary to issue a summons for the circuit clerk. No license shall be issued subsequent to the filing of such protest in the circuit court or the service of a summons issued by the chancery court upon the circuit clerk or any of his deputies, except as herein provided. Such protest may be heard upon three (3) days' notice to the parties defendant by the circuit judge or chancellor in term time or in vacation. If the circuit judge or chancellor shall find that there is a legal impediment to the consummation of such marriage, or, in case either of the applicants is a minor, that the parties applicant are not of mature discretion, or are not capable of assuming the responsibilities of marriage, then he shall enter an order prohibiting the issuance of such license. No marriage license shall be issued to either applicant in any county in this state within one year of the rendition of such order unless such legal impediment has been removed, or, in the case of a minor, without the permission first obtained from the court rendering such order.
If the judge or chancellor shall not make such a finding as hereinabove set forth, then such action shall be dismissed at the cost of the protestant and the clerk shall forthwith issue the license as applied for. The party protesting shall file a cost bond in the sum of fifty dollars ($50.00) with good and sufficient sureties, to be approved by the clerk of the court in which filed, conditioned as in other civil cases.
SOURCES: Codes, 1942, Sec. 461.1; Laws, 1957, Ex. ch. 17, Sec. 2, eff July 1, 1958.