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 per formed at another. • A nunc pro tune entry, is an entry made now, of something which was actually previ ously, done, to have effect as of the former date. Its office is not to supply omitted ac tion by the court, but to supply an omission in the record of action really had,' but omit ted through inadvertence or mistake. Per kins v. Hayward, 132 Ind. 95, 31 N. E. 670.
Leave of court must' be obtained to act in legal proceedings nunc pro tune; and this is granted to answer the purposes of justice, but never to do injustice. A judg ment nunc pro tune can be entered only when the delay has arisen from the act of the court; 3 C. B. 970. See 1 V. & B. 312; 1 Mall. 462 ; 13 Price 604 ; Brooks v. Brooks, 52 Kan. 562, 35 Pac. 215. But perhaps this rule is not always strictly enforced. Enter
ing a decree nunc pro tune, and thereby re stricting the time for appeal, is not prej udicial error, where the defeated party suc ceeds in perfecting his appeal; Monson v. Kill, 144 Ill. 248, 33 N. E. 43; Monson v. Jacques, 144 Ill. 651, 33 N. E. 757.
, A decree nunc pro tune presupposes a de cree allowed or ordered, but not entered through inadvertence of the court ; or a de cree 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 tune after an intervening continuation, in some cases ; Rangely v. Web ster, 11 N. H. 299; and lost pleadings may be replaced by new pleadings made nunc pro tune; Chambers v. Aptor, 1 Mo. 327. Set The Bayonne, 159 U. S. 687, 16 Sup. Ct. 185, 40 L. Ed. 306.