In Bayly v. Betts, 493 A.2d 302 (Del. 1985) a third party personally signed as surety for the appellant's appeal. When the appeal was struck and the judgment below reinstated, the appellee executed against the property of the surety in Justice of the Peace Court. The Supreme Court affirmed the execution against the surety in Justice of the Peace Court, even though no judgment was entered against the surety in that Court. (Id. at 304.)