MAINT: try fixing a collection error under pytest 8.1.x

[ev-br]

closes gh-142 if successful

[ev-br]

The diff is messier then it is: this PR only adds a branching on pytest < 8 or not (hence next indent level for what was there), and uses a simpler version takes from pytest 8.1.0.
To make diff clearer, select settings -> hide whitespace in the review panel.

WDYT @Sheila-nk ?

[Sheila-nk]

Great job on this PR and for catching the bug introduced by pytest's new release!
The solution looks straightforward, and it's awesome to see that pytest>8 tests are passing. 🚀

[ev-br]

pytest 8.1.0 is yanked from pypi :-). That said, the else: branch added here tracks the current pytest master, the failure was in the branch taken from pytest 7.4.x, so we're probably good for now.
Merging, thanks for the review Sheila.

[Sheila-nk]

Got it! Thank you for the clarification!