While tbe parties debate in tbis Court tbe question as to whether tbe judge below erred in bis ruling that tbe action stand abated, and in dismissing tbe action, it is apparent upon tbe face of tbe record that tbis Court does not reach tbis question, for there looms at tbe threshold, of tbis appeal, another question: Did Grady, Emergency Judge, have jurisdiction to enter tbe order now being challenged? Tbe answer is No.
Tbe jurisdiction of an Emergency Judge over tbe subject matter of an action, or of a motion in tbe cause, depends upon tbe authority granted to *646Lim by the Constitution and laws of the sovereignty, and is fundamental. McIntosh’s N. C. P. & P. 7. Stafford v. Gallops, 123 N.C. 19, 31 S.E. 265. And objection to such jurisdiction may be made at any time during the progress of the action. This principle is enunciated and applied in a long line of decisions in this State. See Henderson County v. Smyth, 216 N.C. 421, 5 S.E. 2d 136, where prior cases are listed, including Burroughs v. McNeill, 22 N.C. 297, and Branch v. Houston, 44 N.C. 85. See also McCune v. Mfg. Co., 217 N.C. 351, 8 S.E. 2d 219; Edwards v. McLawhorn, 218 N.C. 543, 11 S.E. 2d 562; S. v. King, 222 N.C. 137, 22 S.E. 2d 241; Shepard v. Leonard, 223 N.C. 110, 25 S.E. 2d 445; Hopkins v. Barnhardt, 223 N.C. 617, 27 S.E. 2d 644; Ridenhour v. Ridenhour, 225 N.C. 508, 35 S.E. 2d 617; Brissie v. Craig, 232 N.C. 701, 62 S.E. 2d 330; Bailey v. McPherson, 233 N.C. 231, 63 S.E. 2d 559.
In Burroughs v. McNeill, supra, it is stated: “The instant that the court perceives that it is exercising, or is about to exercise, a forbidden or ungranted power, it ought to stay its action, and, if it does not, such action is, in law, a nullity.”
And to like effect is Branch v. Houston, supra, where Pearson, J., wrote: “If there be a defect, e.g., a total want of jurisdiction apparent upon the face of the proceedings, the court will of its own motion, 'stay, quash, or dismiss’ the suit. This is necessary to prevent the court from being forced into an act of usurpation, and compelled to give a void judgment . . . So, ex necessitate, the court may, on plea, suggestion, motion, or ex mero motu, where the defect of jurisdiction is apparent, stop the proceedings.”
These principles have been applied all through subsequent decisions, even to the present time.
What then is the jurisdiction granted to an Emergency Judge by the Constitution and laws of North Carolina? Article IY, Section 11, of the Constitution of North Carolina, as amended, pursuant to proposal submitted under Chapter 775 of 1949 Session Laws of North Carolina, and adopted at the General Election on 7 November, 1950, declares, in pertinent part, that: “The General Assembly may provide by general laws for the selection or appointment of special or emergency superior court judges not assigned to any judicial district, who may be designated from time to time by the Chief Justice to hold court in any district or districts within the State; and the General Assembly shall define their jurisdiction . . .”
And the General Assembly, implementing Article IV, Section 11, of the Constitution, as so amended, enacted Chapter 88 of 1951 Session Laws of North Carolina, in which G.S. 7-52 was rewritten to read, in pertinent part, as follows : “Jurisdiction of Emergency Judges: Emergency Superior Court Judges are hereby vested with the same power and authority in all matters whatsoever, in the courts in which they are assigned to hold, *647that regular judges bolding tbe same courts would have. An emergency judge duly assigned to bold tbe courts of a county or judicial district shall bave tbe same powers in tbe district in open court and in chambers as tbe resident judge or any judge regularly assigned to bold tbe courts of tbe district would bave, which jurisdiction in chambers shall extend until tbe term is adjourned or tbe term expires by operation of law, whichever is later.”
Thus it appears that tbe power and authority given to emergency judges are to be exercised only “in tbe courts in which they are assigned to bold,” but that tbe jurisdiction of an emergency judge “in chambers” terminates with tbe termination of tbe term of court which be is assigned to bold.
In tbe light of these provisions, applied to case in band, it is seen that this action was pending, and at issue on the civil issue docket of the Superior Court of Pamlico County, and tbe motion of substituted defendants was made in that cause — and not at term time. Such motion can be beard “at term,” and only in that county. Shepard v. Leonard, supra. And Judge Grady bad no commission to bold, and was not bolding a term of court in Pamlico County when tbe motion was made and beard. Moreover, tbe order was made after tbe termination of tbe February Term, 1953, of Superior Court of Pitt County, and at Pine Crest, N. C., tbe home of Judge Grady in Craven County. Thus be bad no jurisdiction over tbe motion, and could not acquire it by waiver or consent. McCune v. Mfg. Co., supra.
Indeed, tbe cause was before Judge Grady in Pitt County only because be as an Emergency Judge was assigned and commissioned to bold, and was bolding tbe February Civil Term, 1953, of tbe Superior Court of that county.
It was before him for only one purpose, and that is for bearing on tbe order, and notice to substituted defendants, to show cause why tbe temporary injunction should not be continued to the final bearing. It was before him then only as tbe action was constituted on tbe civil issue docket of Pamlico County. And it does not appear that there was a ruling on this matter.
Too, it is appropriate to note that tbe case of Shepard v. Leonard, supra, cited as authority in support of jurisdiction, relates to jurisdiction of a special judge as it existed prior to tbe amendment to tbe Constitution as above set forth, and before later enactment of tbe General Assembly defining jurisdiction of emergency judges.
For reasons stated Judge Grady, as an Emergency Judge, was without jurisdiction to bear and pass upon tbe motion of tbe substituted defendants. Hence tbe order, abating tbe action, is a nullity, and is so held to be.
For reasons stated, tbe judgment from which tbe appeal is taken is
Eeversed.