Davis

Plaintiff herein has filed its petition to enforce an award of the Interstate Commerce Commission. The award was made on December 10, 1923, but it directed that the payment should be on or before January 25, 1924. The petition was filed January 20, 1925. This award included-a number of connecting carriers, all of which were made parties to the petition in this court. However, on January 16, 1924, one of these roads, the Yosemite Valley Railroad Company, filed an applh^tion with the Commission, setting up error and inadvertence in including them in the order. This application was granted, and on the 18th of April, 1925, the Commission made an order that the order of December 10, 1923, be “amended nunc pro tune,” by omitting therefrom these connecting carriers. The defendant in this ease appeared and resisted that order, upon the ground that the Commission had lost jurisdiction. Subsequently, and on May 6, 1925, the plaintiff filed an amendment to its petition, setting up this supplemental order, and dismissing as to all defendants except the Director General. Demurrer to the petition is filed, setting up the statute of limitations. The position of defendant is that petition to…