170
The Green Bag
Mr. Justice Angelotti, in a specially concurring opinion, agrees with both Sloss and Shaw, 1]., but thinks the vowel should be sounded possibly as in "Sausalito.” The Chief Justice dissents. Thus, aided by the luminous learning of my confréres, I shall call it what I
"darn please." This expression is composed of “mmc,”
Beach," says that: “An order mmc pro tum: is usually an exemplification of:the maxim, ‘gm' facit per alium facit per se,’ because it is the means whereby the
careless lawyer makes the Court his agent for the repair of his bad breaks." Dr. William Carey Jones, who spends his life making Roman Law popular among the Berkeley Indians, says:
thought by some commentators to be an abbreviation of "nunguam" meaning "never again", "prd’ signifying "for",
(citing Wheeler on Wheeler‘), “The true scholastic meaning of nunc pro tum: is
and “tuncf' a corruption of “bunk,"
with the claim of modern originality.” Perhaps the most lucid definition is this: " Nunc pro tum: is a term applied
meaning “shell game.” [The speaker here produced from be neath the table a portly valise from which he took sundry formidable look
ing volumes and from them read the following citations. He also apologized for indulging in oral argument, remind ing his audience that there were no briefs on file] Nunc pro tune, says one very learned commentator, is the one confession of the
law that we have left undone those things which we ought to have done. It is the equivalent of “Never put off until tomorrow what you can do a year from next Thursday.” It imports into the law that homely maxim, "If at first you don't succeed,
try, try again-” Everybody loves it except the Clerk, who usually gets cussed for the original
the appropriation of ancient learning
to
those
mandatory
manipulations
whereby the monstrous misprisions of mushy malpractitioners are moulded into vivid verisimilitude of impeccable historic truths." Chipman's "Brief Opinions," vol. 200, page 9009.’ Another view is this: “ Nunc pro tunc means: Vote now as well as four times this morning."
Devoto on Votes, vol.
1, page 1, section 1.8 "The words nunc pro tune," declares another eminent authority, “are some
times applied to those descriptions of mining claims written upon perfectly new paperI dated three years ago last week
and deposited in old monuments. They might better be called ‘Punk pro Bunk.’"
Vol. X, page 23, Lindleyo on
omission. ' I have known a num: pro tum: that would eat out of the hand, although it
Assessed Excavations. Another reference to this musical mix ture of syllabic slaps in this: “Nunc pro tum: means Let the Court's kindness
was a little timid in the presence of an
repair the parent's pusillanimity.
appellate tribunal.
When manipulated
by a judge who is truly great, it settles titles, relieves chills, makes divorced people happy and raises variegated Hades with ultra-technical practitioners.
Vol. 19, p. 23, H. O. H. 0. (Hunt on Holding Office).
Mr. Justice Kerrigan, in his charm ing work entitled "Vox Populi at North
Let
I‘Mr. Charles Stetson Wheeler, a very distin guished lawyer, is an intimate friend of Dr. Benja min Ide Wheeler, President of the University of California, an unrelated namesake. —Ed. "Mr. Presiding Justice Chipman of the District Court of Appeals for the third district is noted for his lucid and scholarly but lengthy opinions. —Ed. 8Mr. Devoto is one of the leading attorneys of San Francisco and devotes some attention to politics. —Ed. ‘Judge Lindley, the retiring president of the Asso ciation. is best known by his work on Mines.~—-Ed.
