Gion

This is an appeal by the plaintiff and cross-defendant Thomas Gion from an order denying his motion to set aside a default judgment rendered against him.

Plaintiff brought this action to foreclose a mechanic’s lien. Defendants answered and cross-complained for money damages for breach of contract. Plaintiff was represented by attorney Robert Mezzetti. On August 14, 1959, a pretrial conference was held at which only defendants’ attorney appeared, Mezzetti having advised the court by letter incorporated in the file that although he was still attorney of record for plaintiff, he no longer represented him and would not be present. The case was set for trial on September 30, 1959, and notice thereof was duly served upon Mezzetti. On August 24, 1959, Mezzetti gave notice to his client and defendants that he would move the court to authorize his withdrawal, and on August 26, 1959, the court permitted his withdrawal. A copy of this order was served upon plaintiff on August 31, 1959. On said date Mezzetti also wrote to the plaintiff, informing him that the ease had been set for trial on September 30, 1959, and that unless plaintiff appeared or secured another attorney to appear for him,…