necessary

This word must be considered in the connection in which it is used, as it is a word susceptible of various meanings.

It may import absolute physical necessity or inevitability, or it may import that which is only convenient, useful, appropriate, suitable, proper, or conducive to the end sought. It is an adjective expressing degrees, and may express mere convenience or that which is indispensable or an absolute physical necessity.

It may mean something which in the accomplishment of a given object cannot be dispensed with, or it may mean something reasonably useful and proper, and of greater or lesser benefit or convenience, and its force and meaning must be determined with relation to the particular object sought. Kay County Excise Board v. Atchison, T. & S. F. R. Co., 185 Okl. 327, 91 P.2d 1087, 1088.

In eminent domain proceedings, it means land reasonably requisite and proper for accomplishment of end in view, not absolute necessity of particular location. State v. Whitcomb, 94 Mont. 415, 22 P.2d 823.

With respect to taxation (i.e. deduction of necessary expenses is carrying on trade or business), means appropriate and helpful in furthering the taxpayer's business or income producing activity. I.R.C. No.No. 162(a) and 212.

See also ordinary (ordinary expenses).

As to necessary damages

- necessary deposit

- necessary domicile

- necessary implication

- necessary intromission

- necessary repair; and necessary way, see those titles.

See also necessaries

- necessity

@ necessary and proper

Words "necessary and proper" mean appropriate and adapted to carrying into effect given object. Petition of Public Service Coordinated Transport, 103 N.J.Super. 505, 247 A.2d 888, 891

@ necessary and proper clause

Art. I, No. 8, par. 18 of U.S. Constitution, which authorizes Congress to make all laws necessary and proper to carry out the enumerated powers of Congress and all other powers vested in the government of the United States or any department or officer thereof.

See penumbra doctrine.

These words are not limited to such measures as are absolutely and indispensably necessary, without which the powers granted must fail of execution, but they include all appropriate means which are conducive or adapted to the end to be accomplished, and which, in the judgment of Congress will most advantageously effect it. Julliard v. Greenman, 110 U.S. 421, 440, 4 S.Ct. 122, 28 L.Ed. 204.

The "necessary and proper" clause of the federal Constitution is not a grant of power but a declaration that Congress possesses all of the means necessary to carry out its specifically granted powers. Kinsella v. U.S., 361 U.S. 234, 80 S.Ct. 297, 4 L.Ed.2d 268

@ necessary inference

One which is inescapable or unavoidable from the standpoint of reason. Taylor v. Twiner, 193 Miss. 410, 9 So.2d 644, 646

@ necessary parties

In pleading and practice, those persons who must be joined in an action because, inter alia, complete relief cannot be given to those already parties without their joinder. Fed.RCivil P. 19(a).

Necessary parties are those who must be included in action either as plaintiffs or defendants, unless there is a valid excuse for their nonjoinder. City of Hutchinson for Human Relations Commission of Hutchinson v. Hutchinson, Kansas Office of Kansas State Employment Service, 213 Kan. 399, 517 P.2d 117,122.

Those persons who have such an interest in controversy that a final judgment or decree cannot be made without either affecting their interests or leaving the controversy in such a condition that its final adjudication may be wholly inconsistent with equity and good conscience. Royal Petroleum Corp. v. Dennis, 160 Tex. 392, 332 S.W.2d 313, 314.

A "necessary party" is one whose joinder is required in order to afford the plaintiff the complete relief to which he is entitled against the defendant who is properly suable in that county. Orange Associates, Inc. v. Albright, Tex.Civ.App., 548 S.W.2d 806, 807.

See also indispensable parties

- joinder

- parties

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