“Case for infringing a patent for ‘a new and useful improvement of a spinning frame for spinning cotton,’ invented by Paul Moody, and assigned by him to the plaintiffs. The patent was dated the 17th of January, 1818, and the assignment the 14th of January, 1819. The cause was tried upon the general issue, and the principal question was, whether the patentee was the original inventor, it being contended that machines, of substantially the like structure, were known and used before the plaintiff’s supposed invention; and the defendants counsel cited Rees’ Cyclopaedia, article Dressing Machine, vol. 40, pt. 1. A question, however, of law arose at the trial, whether the jury might include in the damages, if their verdict was for the plaintiff, counsel fees and other necessary expences incurred at the trial, which were not within the taxable costs.”