Number

A collection of units. In pleading, numbers must be stated truly when alleged in the recital of a record, written instrument, or express contract; 4 Term 314; Cro. Car. 262; 2 W. Bla. 1104. But in other cases it is not, in general, requisite that they should be truly stated; because they are not required to he strictly proved. If, for example, in an action of trespass the plaintiff proves the wrongful taking away of any part of the goods duly derecover pro tanto; Bac. Abr. Trespass (12); Lawes, PI.

48.

And sometimes, when the subject to be described is supposed to comprehend a multiplicity of particulars, a general description is sufficient. A declaration in trover alleging the conversion of “a library of books,” without stating their number, titles, or quality, was held to he sufficiently certain; 3 Bulstr. 31; Garth. 110; Bac. Abr. Trover (F 1); and In an action for the loss of goods by burning the plaintiff’s house, the articles may be described by the simple denomination of “goods” or “divers goods”; 1 Kebl. 825; Plowd. 85, 118, 323; Cro. Eliz. 837; 1 H. Bla. 284. The singular number may be included within the plural; State v. Nichols, 83 Ind. 22S, 43 Am. Rep. GO; Carpenter v. Lippitt, 77 Mo. 246; Bish. Stat. Crimes § 213. NUMERATA PECUNIA (Lat.). In Civil Law. Money counted or paid; money given in payment by count. See Pecunia Numebata and Pecunia Non-Nijmerata; L. 3, 10, 0. dc non numerat. promt. NUNC PRO TUNC (Lat. now for then). A phrase used to express that a thing is done at one time which ought to have been performed at another. A nunc pro tunc entry is an entry made now, of something which was actually previously done, to lia\e effect as of the former date. Its office is not to supply omitted action by the court, but to supply an omission in the record of action really had, but omitted through inadvertence or mistake.

Perkins v. Ilaywanl, 152 Jud. 95, 31 N. E. 670.

Leave of court must be obtained to act in legal proceedings nunc pro tunc; and this is granted to answer the purposes of justice, but never to do injustice. A judgment nunc pro tune can he entered only when the delay has arisen from the act of the court; 3 C. B. 970.

See 1 V. & B. 312; 1 Moll. 462; 13 Price 604; Brooks v. Brooks, 52 Kan. 562, 35 Pac*. 215.

But perhaps this rule is not always strictly enforced. Entering a decree nunc pro tunc, and thereby restricting the time for appeal, is not prejudicial error, where the defeated party succeeds in perfecting his appeal; Monson v. Kill, 144 111. 2 IS, 53 N. K. 43; Monson v. Jacques, 141 111.

651, 33 N. E. 757.

A decree nunc pro tunc presupposes a decree allowed or ordered, but not entered through inadvertence of the court; or a decree under advisement when the death of a party occurs; Cuebas y Arredondo v. Cuebas y Arredondo, 223 U. S. 376, 32 Sup. Ct. 277, 56 L. Ed. 476. A plea puis darrein continuance may be entered nunc pro tunc after an intervening continuation, in some cases; Rangely v. Webster, 11 N. II. 299; and lost pleadings may be replaced by new pleadings made nunc pro The Bayonne, 159 U. S. 687, 16 Sup. Ct. 185, 40 L. Ed. 306.