Nunc Pro Tunc
A Dictionary of Law · William C. Anderson · 1889
A Dictionary of Law
Now for then. Said of a thing done in the present time which is to have the same effect as if it had been done at a time gone by, when it should have been done.' > [Salter v. Hilgen, 40 Wis. 365(1876); Jenness v. Lapeer Circuit Judge, 42 id. 471 (1880); Mac Namara, Nullities, &c., 4; 85 Tex. 530. 2L. numerus. The Eng. "No." is from numero, in number. s Chase v. aeveland, 44 Ohio St. 513 (1886). ■■ See E. S. § 1; 1 Bl. Com. 88; State v. Main, 31 Conn. 574-75 (1863), cases; State v. Nichols, 83 Ind. 228 (1882), cases; 87 id. 54; 71 Ala. 157; 29 Kan. 734; 54 Mieh. 243, Thus, when a party has omitted to take some step which he ought to have taken, as, to file the service of a notice or a pleading, the court will sometimes permit him to do it after the proper time has passed, and accord to it the effect it would have had if regularly done in due season. A decree nunc pro tunc is admissible where a decree, which was ordered or intended to be entered, was omitted by inadvertence of the court. ^ Courts always have power over their own records to make them conform to what was actually done at the time, nunc pro tunc.^ Every court has a right to judge its own records and minutes; and if it appear that an order made at a former term was not entered of record, it may at any time direct it to be entered as of the term when made, whether the proceeding be criminal or civil. a Whether an order for entry of judgment nunc pro tunc shall be made is a matter of discretion with the court, to be exercised as justice may reo[uire, in view of the circumstances of the case.' See Actus, Curiae; Laches; Term, 4.