At an election for city treasurer of Ishpeming, votes were cast as follows: For Cornelius Kennedy, 392; for John W. Jochim, 380; for John Jochim, 18. It did not appear that there were two persons named John Jochim in Ishpeming, and there was an offer to show the' contrary. Held, that the ballots cast for John W. Jochim and John Jochim were presumptively intended for the same person and should be so counted.

Judgment for relator.