Albersen v. Klanke

Hart, C. J.,

(after stating the facts). The first ground relied upon for a reversal of the decree is that there is no prayer in the cross-complaint for damages against Charles Albersen. This was not necessary. This court is thoroughly committed to the rule that, in a complaint or cross-complaint, the statement of facts and not the prayer for relief constitutes the cause of action, and the court may grant any relief that the facts pleaded and proved may warrant. Mason v. Gates, 90 Ark. 241, 119 S. W. 70; and Baldwin v. Brown, 166 Ark. 1, 265 S. W. 976.

It is true that, in the case last cited, it…