In Post v. Carr, 42 W. Va. 72, 24 S.E. 583, this Court held: "After judgment by default has been entered up in court, or an order of inquiry of damages has been executed, under section 46, chapter 125, Code, it can not be set aside, and a defense to the action be allowed, under section 47, without good cause being shown therefor; and such good cause can only appear by showing fraud, accident, mistake, surprise, or some other adventitious circumstance beyond the control of the party, and free from neglect on his part." In Ellis v. Gore, 101 W. Va. 273, 132 S.E. 741, holdings in prior cases considering the questions involved were reviewed and discussed. Later decisions are: Reed v. Higginbotham, 129 W. Va. 707, 41 S.E.2d 668; Baker v. Gaskins, 128 W. Va. 427, 36 S.E.2d 893; Winona National Bank v. Fridley, 122 W. Va. 479, 10 S.E.2d 907; Arnold v. Reynolds, 121 W. Va. 91, 2 S.E.2d 433; Black v. Foley, 117 W. Va. 490, 185 S.E. 902; Alkire v. Mili, 116 W. Va. 277, 180 S.E. 183; Sigmond v. Forbes, 110 W. Va. 442, 158 S.E. 677; Parsons v. Parsons, 102 W. Va. 394, 135 S.E. 228; Gainer v. Smith, 101 W. Va. 314, 132 S.E. 744. In Rollins v. North River Insurance Co., 107 W. Va. 602, 149 S.E. 838, this Court held: "An adventitious circumstance which may afford good cause for setting aside a default judgment is one which is unusual, unexpected, beyond the control of the movant, and free from his neglect."
As appears from the order entered on July 3, 1953, overruling the motion to set aside and vacate the judgment of June 15, 1953, the trial court overruled the motion on the ground that Rule VI of the Rules of Practice for Trial Courts requires that the alleged agreement between counsel to be effective must be reduced to writing and signed by counsel. Defendant's counsel asserts that as the order of June 15, 1953, was entered as the result of a misunderstanding between counsel as to the resetting of the case for trial on June 16, 1953, the order should be vacated under the holdings of this Court in the cases of Black v. Foley, 117 W. Va. 490, 185 S.E. 902; Sigmond v. Forbes, 110 W. Va. 442, 158 S.E. 677; Willson v. Ice, 78 W. Va. 672, 678, 679, 90 S.E. 272, involving oral agreements between opposing counsel and misunderstandings between counsel resulting in default judgments. The filing by the defendant of a plea of the general issue served to constitute a general appearance, and the judgment of June 15, 1953, notwithstanding it was entered in the absence of the defendant and his counsel, and recites that there was no appearance by the defendant, is not a default judgment.
(Italics supplied.) The same rule was followed in Black v. Foley, 117 W. Va. 490, 185 S.E. 902, and State ex rel. Alkire v. Mili, 116 W. Va. 277, 180 S.E. 183. See also, Robinson v. Braiden, 44 W. Va. 183, 28 S.E. 798.