Treat, C. J. There is not the semblance of error in this record. The motion to discharge the defendant on common bail, was addressed to the discretion of the court, and its decision cannot be assigned for error. Bruner v. Ingraham, 1 Scammon, 556; Bancroft v. Eastman, 2 Gilman, 259; Morrison v. Silverburgh, 13 Illinois, 551. It was too late to withdraw the set-off, after the jury had passed upon the evidence. The judgment is affirmed. Judgment affirmed.